« 57 Things YOU Need to Know about Your New Jersey DWI Case

July 3, 2009

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In this article we have presented 57 things that you need to know about your New Jersey DWI case.

4 things that may be very helpful to your NJ DWI case:

1. In order to prove the State’s case, if all the witnesses are not available.
2. If your innocence could be proved by the presence of any exculpatory evidence.
3. The direction has been given by Administrative Office of the Courts that DWI cases are to be resolved in 60 days. If the State is unable to provide all the required discovery, it might be possible that your case can be dismissed, or may be the State has been prevented from introducing certain evidence at trial.
4. There may arise some evidentiary problems in proving your blood alcohol level.

6 of the facts that must be proved before you can be found guilty:

1. Your identity as a driver
2. As a driver you were driving a vehicle
3. You were the driver of a motor vehicle
4. You were driving the motor vehicle in the Township
5. While you were driving your blood alcohol level was over the per se limit
6. You were driving under the influence or your ability to drive a motor vehicle was substantially impaired

14 things you should note right away.

1. You should note down that what was your journey route before the arrest?
2. You should note down your consumption of alcoholic beverages.
3. You should note down your observations of the officer.
4. You should note down the reason stated by the officer for stopping you.
5. You should note down that whether you were asked or ordered to take roadside test by the officer.
6. You should note down that what were the officer’s instructions for the field sobriety tests?
7. You should note down your performance on roadside tests.
8. You should note down the statements that you made to the officer.
9. You should note down that what were the results of any breath or blood tests?
10. You should note down that whether there were any witnesses to your arrest.
11. You should note down that whether you were observed before a breath test.
12. You should note down that whether you were advised of your right to take an independent test.
13. You should note down that how long you were kept after testing?
14. You should note down that what your medical background is.

What are 6 items crucial to your defense?

1. There should be a good investigation of the facts.
2. There should be a forceful cross-examination.
3. There should be a sound understanding of constitutional principles.
4. There should be a sound understanding of field sobriety testing.
5. There should be a sound understanding of breath testing and blood testing.
6. There should be an experienced attorney.

What must your attorney do before trial?

• Before the trial your attorney should obtain all relevant reports and information related to your stop and arrest, and he should make appropriate pre-trial motions in the proper time period.

An understanding of the Municipal Court system:

• Although in most states a jury trial is allowed in DWI matters, but in New Jersey there is no right to a jury trial.How the arresting officer’s testimony can be discredited:

How the arresting officer’s testimony can be discredited:

1. If the arresting officer has given inconsistent statements.
2. If the arresting officer has failed to recollect.

5 requirements which must be followed to prove the validity of chemical and roadside tests:

1. To prove the validity of chemical and roadside tests, it is required that the officer must have had a reasonable suspicion that you were violating the law.
2. To prove the validity of chemical and roadside tests, it is required that the officer must have had probable cause to arrest you.
3. To prove the validity of chemical and roadside tests, it is required that you have to have been operating or about to operate the car.
4. To prove the validity of chemical and roadside tests, it is required that the officer must have probable cause to ask that you take a chemical test.
5. To prove the validity of chemical and roadside tests, it is required that if the officer is going to interrogate you then he must give you your Miranda rights after you are arrested.

What are 2 key pieces of information which must be learned in deciding to go to trial?

1. You must have an estimation that how much strong or weak the State’s case is against you?
2. You must be aware of all the effect of a conviction.

How to determine whether you should go to trial?

• It’s a cost benefit analysis. You should know that how much is it worth to defend your case?

What will the effect of this arrest on my license and when will I be able to drive?

• In case if your blood alcohol has exceeded the legal limit or you refused to take a test, and if you are convicted, then for a long period of time you may not be able to drive at all.

How to save your license if you’re found guilty in court?

• Unluckily in New Jersey there are no probationary or hardship licenses.

What 5 preliminary motions should be filed (if relevant to your case)

1. First motion that should be filed is the motion to suppress evidence on the basis of your unconstitutional stop by the arresting officer.
2. Second motion that should be filed is the motion to suppress evidence on the basis of an unconstitutional search and seizure.
3. Third motion that should be filed is the motion to suppress evidence as there was a lack of probable cause to arrest.
4. Fourth motion that should be filed is the motion to suppress statements due to the fact that the officer failed to give Miranda rights.
5. Fourth motion that should be filed is the motion for the discovery of additional evidence.

In case if your attorney failed to file these motions, then your case may not be dismissed when it should have been. Probably you may not be told about evidence which would prove your innocence.

7 defenses in pre-trial motions:

1. Your DUI attorney should contest the constitutionality of the stop.
2. Your DUI attorney should contest the constitutionality of the administration of roadside tests.
3. Your DUI attorney should contest the constitutionality of the probable cause to arrest.
4. Your DUI attorney should contest the constitutionality of the Miranda rights.
5. Your DUI attorney should contest the manner in which roadside tests were given.
6. Your DUI attorney should contest the operability of the testing machine.
7. Your DUI attorney should contest the constitutionality of any search and seizure.

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