| Defending a Driving While Intoxicated (DWI) case in | | | | whether he was informed that he had the right to |
| New Jersey is a difficult task. | | | | have an independent test taken, whether the test |
| Defending a Driving While Intoxicated (DWI) case in | | | | results were given to him on demand, the names of |
| New Jersey is a difficult task. The state has some of | | | | witnesses and other pertinent details. These would |
| the most stringent DWI laws in the U.S. The mandatory | | | | help the lawyer to provide an effective defense.A |
| suspension of a driver's license, and provisions like | | | | good lawyer may be able to get reduced sentences. |
| imprisonment, fines and surcharges, give the judge | | | | Sometimes a jail term can be brought down if the |
| very little leeway. Nevertheless, a well-conceived | | | | accused goes through rehabilitation programs like the |
| defense strategy would be helpful in several cases, | | | | ones conducted by the Intoxicated Drivers Resource |
| though there are situations where an admission of guilt | | | | Center (IDRC). There are chances for other |
| could be the right thing to do. Only a competent lawyer | | | | alternatives as well. It may be even possible to have |
| can give the proper advice. To start with, take the | | | | earlier convictions vacated. There is a guideline that |
| question of why the accused was stopped and asked | | | | DWI cases should be heard within sixty days. If this |
| to take a breath analysis or blood test. Was it merely | | | | does not happen the defendant can possibly invoke |
| because a police officer saw him come out of a bar? | | | | the citizen's right to a speedy trial. The relevant |
| Did it infringe on the citizen's right to drive peacefully | | | | grounds are whether the accused asserted his right, |
| along the road? Were there any witnesses? Was the | | | | police prejudice, reason for the delay and the period of |
| breath analyzer working properly? Was the person | | | | delay.The state has to be made to prove the case |
| who conducted the test competent to do the job?It is | | | | beyond reasonable doubt. DWI cases are heard by |
| desirable for the accused to note down all the details | | | | Municipal Court judges, without a jury. Appeals are to |
| as soon as possible. These should preferably include | | | | be made before Superior Court Judge within twenty |
| the statements he made to the arresting officer, | | | | days. |