Many accused New Jersey DWI drivers are understandably nervous about the prospect of facing a judge in a New Jersey drunk driving trial. Many prefer to plead guilty just to put the matter to rest. However, there are good reasons to fight a driving under the influence charge with the help of an experienced New Jersey DWI defense attorney. Gaining a better understanding of the workings of a trial can ease fears about aggressively fighting the charges.
The court process starts with the submission of pretrial motions, also known as motions in limine. This can take place over one or many court appearances. Pretrial motions can sometimes be heard by the judge on the day of the trial.
Once pretrial issues have been settled, the trial can begin, and both the prosecutor and defense attorney may give opening statements.
Once opening statements have been delivered, both sides question and cross-examine prosecution witnesses and defense witnesses. The prosecutor always calls the arresting officer and, if the driver submitted to a chemical test, the officer who administered the breath test, or the nurse and lab technician who tested the blood or urine sample. Defense witnesses may include an independent expert to address the field sobriety testing, and another expert on the breath, blood or urine testing. Sometimes medical witnesses testify to describe a medical or physical condition that the driver has that affected the field sobriety testing or the chemical testing. Depending on the circumstances, the defense attorney may decide to have the driver testify.
Once all of the witnesses have testified, the prosecutor and defense attorney may begin closing arguments. Attorneys typically use this opportunity to recap their cases. One of the final stages of the trial is the verdict. If the defendant is found guilty, he or she will then be sentenced.
The prospect of taking a NJ DWI / DUI case to trial can be nerve-wracking, but it's important to note that it is possible to fight and win against a drunk driving charge. The vast majority of our cases are successfully resolved without going to trial. But if in the unique circumstance of your case, you and your lawyer feel it necessary to go to trial, it is imperative to have a strong and skilled New Jersey DWI defense lawyer by your side who will aggressively fight to protect your rights and keep negative consequences to a minimum.
Please call us so that we can tell you how we will go about fighting your case and seeking the best result possible under the circumstances presented. Call Levow DWI Law, P.C. at (877) 593-1717 for a free consultation today.