In New Jersey, prosecutors are appointed by local governing bodies. Thus, if a person is charged with a DWI offense, an attorney appointed by the municipality will typically be tasked with presenting the State’s evidence against the defendant. Even if another attorney represents the State in criminal proceedings, however, it does not mean that a DWI defendant is entitled to a new trial, as demonstrated in a recent New Jersey case. If you are a resident of New Jersey currently charged with a DWI offense, it is in your best interest to meet with a proficient New Jersey DWI defense attorney to discuss your rights and what defenses you may be able to assert.
Factual and Procedural History
It is reported that the defendant was stopped in the early morning in May 2014 for driving erratically. After the officer who initiated the stop spoke with the defendant, he noticed the defendant was exhibiting signs of intoxication. Thus, the defendant was ultimately issued four summonses and charged with driving while intoxicated, speeding, failing to exhibit his registration and reckless driving. Subsequently, the defendant and the prosecution appeared in court together eight times over a period of a year nine months for hearings, arguments, and a partial trial.
Allegedly, on the second day of the trial, the defendant moved to dismiss his summonses, arguing that the individual that had been appointed as the municipal court prosecutor by the governing body had only appeared at one of the court proceedings. The defendant then entered into a conditional guilty plea to the DWI charge, and the remaining charges were dismissed. The court then denied the defendant’s motion to dismiss, which caused the defendant to file an appeal. Continue reading