Though a New Jersey DWI/DUI is categorized as a traffic violation, unlike other traffic tickets, this one requires you to appear in court to address your charge.
Notice to Appear
The ticket the law officer gives you when you are charged is a Summons and Complaint. It includes a Notice to Appear with the date you must initially appear in court for your DUI/DWI offense. If you are represented by a DUI Defense lawyer, he may request an extension of this date to gather necessary evidence before going to court. This process is referred to as discovery. This phase is extremely important. If it appears that the law officer violated your rights, your lawyer will request a dismissal. This is a strategic reason to retain legal counsel right away for your DUI/DWI charge.
First Appearance
Your arraignment is your first appearance in court. The municipal court judge reads the charges against you and advises you of your rights. You enter a plea at this time of guilty or not guilty. If you will be fighting your charges, this is the time to plead not guilty and raise any constitutional protections you plan to use at trial. If you fail to do so, you may not be permitted to use these arguments later. An experienced attorney can ensure that you identify and assert the right defenses and protect your constitutional rights.
Pre-Trial Discovery and Motions
If you pled not guilty at arraignment, the state must then present your lawyer with the evidence against you and the details of your arrest. He will review this discovery to determine if any of your rights were violated and file any necessary motions. If your rights have been violated, he may need to file a motion to suppress evidence that was improperly obtained by law enforcement.
Bench Trial
You are not entitled to a jury trial for a DWI/DUI in New Jersey. The state must present evidence to demonstrate your guilt. You can offer a defense to your charges. A judge will hear the evidence and make a ruling on your case. If you are found guilty, you will be sentenced.
DWI/DUI Appeals
If you are convicted of a DWI/DUI, you have 20 days to file an appeal with the Superior Court.
Though difficult, it is not impossible to successfully fight a DWI/DUI charge in New Jersey. The counsel and representation of a talented DUI Lawyer from the outset will make all the difference. Don’t hesitate. Contact one of our skilled NJ DUI attorneys at The Law Offices of Jonathan F. Marshall.
