Driving While Intoxicated (DWI) is a relentlessly prosecuted offense in New Jersey. While a first or second DWI the charges are still very serious and carry stiff penalties, even if it’s your first DWI. If you are facing DWI charges, it is critical that you speak with an experienced Cherry Hill DWI attorney as soon as possible to protect your rights and mount the best possible defense to the charges.
A Defendant’s Rights in a DWI Case
Many potential clients facing DWI charges in New Jersey call our Cherry Hill DWI attorney with questions regarding the penalties for a DWI and possible defenses. During some consultations, our potential might say they are guilty. Regardless whether or not you believe you are guilty, you still have the right to a good defense.
Criminal defendants have constitutional rights. One of the most important rights a DWI defendant has is the right to a lawyer of their choosing to represent them in court. DWI criminal defendants also have the right to a fair and speedy trial. During the trial, the State must prove that the defendant is guilty beyond a reasonable doubt.
In order for you to be found guilty of a DWI charge, the prosecutor must meet its burden or the state must acquit you. In order to meet their burden, the prosecutor must prove that law enforcement had a reasonable suspicion that you committed a motor vehicle offense before pulling you over. The officer also has had probable cause in order to arrest a suspect.
A law enforcement officer must inform you of your Miranda rights before questioning you after you are arrested. The standard Miranda statement must be read to you before a breath test is administered. You must be observed for 20 minutes before the breath test is given. The State’s prosecutor must prove that the Alcotest was, in fact, operable on the date your breath testing was conducted. They must also prove the test results were error free.
Contact Our Cherry Hill DWI Attorney
Unless you are experienced and educated in DWI laws you probably were unaware that the State had to prove all of that for in order to convict you of DWI. This why you need a Cherry Hill DWI defense attorney, an experienced mind to examine the evidence the State has in your case and look for flaws that can be used for your defense to the charges. You definitely want someone with significant experience and a past record of success in similar cases.
If you are lucky, then you have never been through this before and are unfamiliar with this area of law. We dedicate a significant portion of our practice to defending DWI and other criminal offenses, and we will work diligently on your case to obtain the best result possible. Contact Gelman Law, LLC. online or call us at 856-433-1818 for a consultation with our experienced and dedicated Cherry Hill DWI attorney.