Police Evidence in a New Jersey DWI

policeBeing charged with a DWI should never be taken lightly because it can have far-reaching consequences for almost every aspect of your life. If you or someone close to you has been charged with a DWI, it is important to seek the help of a hard-working and reputable New Jersey DWI attorney as soon as possible. You can trust that we can thoroughly analyze the facts of your case and provide you with a vigorous defense under the circumstances.

In New Jersey, a person commits a driving while intoxicated (DWI) offense when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Being convicted of a DWI is a serious offense that can carry heavy penalties, such as fines and fees, license suspension, ignition interlock device, community service, and even jail time. Every subsequent DWI carries harsher penalties. For example, a third offense will have much more severe penalties than a first-time DWI.

The state bears the burden of proof in all DWI cases. The state has to prove every element of a DWI ‘beyond a reasonable doubt.’ This is the highest standard in the legal system and requires the government to prove every element of the crime to a degree that would leave jurors with an abiding conviction that the defendant is guilty.

Prosecutors in New Jersey typically begin their cases by calling the police officer who arrested the driver for DWI. The officer will then describe the scene and the circumstances surrounding the arrest. For example, the officer may testify that the motorist was showing signs of intoxicated driving, such as swerving between lanes. The officer will also talk about the results of any chemical tests or field sobriety tests that the motorist may have taken.

Once the prosecutor is finished questioning the arresting officer, the defense lawyer can begin cross-examination. There are two ways that an officer may discredit himself or herself during courtroom testimony:  by making statements that are inconsistent or by failing to remember key points of the case. We can challenge the arresting officer’s testimony against you by identifying inconsistent statements or uncertainties during cross-examination.

There may be other strategies we can use to defeat your DWI charge. We may be able to highlight the officer’s bias during courtroom testimony. For example, we may ask if the officer is receiving overtime payment for his courtroom testimony. If he or she is being paid, we may argue that the overtime payment was an incentive for the questionable arrest. Of course, this is just an example, and it may not be appropriate in your case.

Being arrested for a DWI can be an overwhelming and frightening experience. If you have been arrested for a DWI in New Jersey, it is imperative to reach out to a skilled New Jersey DWI attorney who can assess the merits of your case. With years of experience, we understand how to navigate these types of claims efficiently and effectively. We can examine all of the facts of your case and inform you of your legal rights and options accordingly. For a free, initial consultation, do not hesitate to call us at 877-450-8301 or reach out to us online.

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