How a DUI Case Works
If you have recently been arrested with a DWI or DUI charge, you may be wondering how a DUI case works. New Jersey defense attorney Carl Spector explains the process.
Hiring an Attorney for a DUI
If you’re charged with a DUI in the state of New Jersey, it’s a traffic infraction, and many people believe that simply because it’s a traffic infraction they can represent themselves. DWI’s in the state of New Jersey are complex. There is a lot of law that surrounds the cases, and there are a lot of defenses that can be raised.
There are also negotiations that can take place between the attorney and the prosecutor, so to represent yourself would be foolish. There’s a lot of knowledge and experience that goes into representing somebody for a DWI in the state of New Jersey. I’ve been doing it for nearly 30 years.
DUI Pretrial Hearings
In New Jersey if you’re charged with a DWI or DUI, you may be entitled to certain pretrial hearings, a hearing that’s held in front of a judge to determine whether or not certain evidence can be used against you, such as a breath test reading. We can have a hearing in front of a judge for a judge to determine whether or not all of the policies, procedures, and protocols that were supposed to be followed were followed to determine the admissibility of the breath test reading where it upheld, and if not, the breath test reading can be suppressed or thrown out and not used against you. That’s an example of one of the many hearings that can be held in front of a judge in a DWI case in New Jersey.
DUI Trial Process
Not every case in New Jersey where a person is charged with DWI or DUI goes to trial. In fact, it’s probably 95% of the cases that don’t. However, it is important that you understand that you have the right to go to trial. If you do go to trial, you’re presumed innocent, and if you do go to trial, the state must, if they can, prove each and every element beyond a reasonable doubt.
It’s also important to know that everything that the police officer said in his or her report will be testified to. However, you have the right, through your attorney, to cross examine that police officer. You also have the right to testify, but you’re not under any obligation, and if you don’t testify it can’t be held against you.
If you are looking for a defense attorney who knows what they are doing and how a DUI case works, please call New Jersey DUI attorney Carl Spector today for a free consultation.