Across the nation, criminal defense lawyers advertise that they represent defendants in traffic court as well as in criminal defense cases. In fact, traffic violations and driving while intoxicated (DWI) are among the most common types of inquiries that criminal defense lawyers get. Criminal defense attorneys in New Jersey probably spend even more time in traffic court than their counterparts in other states do. This is because New Jersey law considers DWI a traffic offense instead of a crime, so people accused of DWI go to traffic court, along with the defendants who are there to challenge speeding tickets, rather than going to criminal court alongside the defendants who are facing charges for theft, drug possession, and similar offenses. When you hire a lawyer to challenge a DWI citation, your lawyer will be as thorough in advancing defenses as he or she would be if defending someone who was facing felony charges; your lawyer might even summon expert witnesses to cast doubt on the validity of the state’s allegations that you were driving drunk. To find out more about how criminal defense attorneys and expert witnesses can help you in your drunk driving case, contact a New Jersey DUI defense lawyer.
Why Do You Need an Expert Witness for a DWI?
If you plead guilty to DWI, or if the judge finds you guilty in traffic court, you do not get a conviction on your criminal record. Instead, the DWI goes on your driving record, just like any other speeding ticket or minor moving violation. Different traffic infractions stay on your record for different lengths of time; a DWI disappears from your record after 10 years, assuming that you do not get any additional DWIs during those 10 years.
The penalties for DWI, however, can include the suspension of your driver’s license, steep fines, and more. For example, you must complete a Driver Resource Education program at your own expense, and you must pay a $1,000 car insurance surcharge each year for several years. This does not even count the fines paid directly to the court or the mandatory contributions to a variety of drunk driving prevention funds. From a financial perspective, challenging the DWI makes the most sense. Your chances of successfully fighting the DWI are better if you hire a lawyer who will hire an expert witness to testify in your case if appropriate.
What Do Expert Witnesses Do in DWI Cases?
When a lawyer representing a defendant in a DWI case summons an expert witness, the goal of that expert witness is to show that the prosecution’s radar detection readings, breathalyzer test results, or field sobriety tests do not definitively prove that the defendant was driving drunk. The expert witnesses who testify in DWI cases have a professional background in forensic sciences related to drunk driving. For example, they might have previously worked in criminology labs or have served in police departments where they conducted DWI traffic stops.
How Do Judges Determine Whether Expert Witnesses are Credible?
Sometimes court cases, including DWI cases, come down to the interpretation of evidence that requires a professional level of scientific knowledge to evaluate correctly. Expert witnesses sometimes support their claims by citing published research. New Jersey law applies the Frye standard for determining the admissibility of scientific evidence in civil cases and the Daubert standard in criminal cases. Both standards of admissibility for scientific evidence require expert witnesses to cite the sources on which they are basing their interpretations. They also require expert witnesses to rely on theories and methodologies that have wide acceptance in the professional fields in which the expert witness works. By nature, an expert witness has no personal connection to the events of the case. Lawyers find expert witnesses by hiring them from expert witness firms. In most cases, a lawyer will summon expert witnesses in addition to, not instead of, witnesses directly related to the case. For example, a police officer who was present at your traffic stop can testify that he saw his partner mishandle the Alcotest 9510 breathalyzer or testify that his unit had only had X hours of training on how to use this new breathalyzer by the time of the traffic stop. An expert witness can strengthen your case by testifying about how the breathalyzer works.
Contact a New Jersey DWI Defense Lawyer
A skilled and motivated attorney should leave no stone unturned when fighting your DWI charges, even if it means summoning expert witnesses. Our specialized team of DWI attorneys achieves favorable results for our clients day in and day out. Contact Marshall DWI / DUI Lawyers to discuss your drunk driving case.
