Ways to Contest DWI Charges in NJ
Having a DWI charge on your record can negatively affect many different areas of your life. A DWI can lead to jail time, probation, expensive fines, and even a permanent record that can impact your career and living options. Fortunately, if you are facing DWI charges in New Jersey, there may be options available to contest.
What Does It Mean to Contest Charges?
Contesting charges means that you are opposing them. It means that you are disputing the validity of the charges. This might be due to illegal actions taken during the arrest or the state failing to provide you with legal rights related to the justice system. When you contest charges, you request that a judge look further into the details of the legal charges.
Common DWI Contests in New Jersey
These are a few of the most common contests for a DWI in New Jersey:
- Illegal stop: Police officers must follow certain rules when conducting a traffic stop in New Jersey. Failing to have reasonable cause or violating the law in any way can negate the charges.
- Lack of reliable evidence: While the most common resources used for evidence in a DWI is a field sobriety test, it is not 100% accurate. This is especially true if the BAC measured is near the legal limit of 0.08%. Other tests, including walking in a straight line or touching the finger to the nose can also be considered less than accurate, especially if other medical conditions will affect the results.
- Issues with the testing process: In addition to breathalyzer tests not being entirely accurate, there are also certain rules that must be followed. For example, the individual giving the test must have a valid license and the test needs to be given in an approved way. Failing to do these things can question the authenticity of the results.
- Failure to provide a speedy trial: New Jersey must provide all defendants with access to a fair and speedy trial. Failing to do so could lead to the charges being dropped.
Depending on the details of the case, there are other possible contests available. In addition to the rules regarding the arrest and testing process, defendants should also be given certain rights when awaiting trial. This includes things like access to complete discovery and the ability to question witnesses.
When to Hire an Experienced DWI Lawyer
If you are dealing with potential DWI charges, it is important that you evaluate your legal options as soon as possible. When you work with a DWI lawyer that is familiar with New Jerseys’ laws, they can help you navigate the process, while ensuring that your rights are protected. Your lawyer can also evaluate the details of your case to ensure that the arrest and charging process was accurate and legal.
The experienced DWI lawyers at Attorneys Hartman, Chartered will work hard to build your defense, whether that means calling forward expert witnesses or ensuring that the state gives you access to a speedy and fair trial. We will stand behind you every step of the way, protecting your rights.
Contact an Experienced Camden County DWI Defense Attorney About Your Drunk Driving Charges in New Jersey
Have you been charged with a DWI or DUI offense in New Jersey? A drunk driving conviction could leave you with a permanent record, and it could result in your driver’s license being suspended for a very long time. That is why it is imperative that you speak with a qualified DWI defense lawyer about your case. The lawyers at Attorneys Hartman, Chartered represent clients charged with drunk driving, breath test refusal, and related offenses in Burlington County, Camden County, Moorestown, Marlton, and throughout New Jersey. Call (856) 273-8617 or fill out our confidential online form to schedule a free consultation about your case. We have an office located at 68 E. Main Street, Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.