Once you are arrested for DUI in New Jersey, the DUI court process works quickly. Though classified as a traffic violation, DUI still requires that you appear before the court. Below we will detail the entire process that you should expect.
Near the end of your run-in with the law, law enforcement will hand you a summons (your “ticket”). On this summons, you will find the traffic offenses that you’re being charged with, as well as your first court date, also called an “arraignment.”
Your arraignment will happen quickly–typically within a week or few days of your arrest. At your arraignment, the presiding law judge will read off the charges against and inform you of all the potential penalties that you could face. In addition, the judge will also strongly urge you to seek legal consul (if you have not done so already). Unless your attorney urges you to waive your arraignment and file the necessary paperwork instead, then you should attend your first court date.
After you hire a DUI lawyer, whether before or after your arraignment, your lawyer should immediately request any necessary information from the prosecution. During their request, your lawyer should receive records and information such as:
- Any audio or video recordings of your arrest
- A copy of your blood alcohol test (BAC) results
- The contact information and name of the arresting officer
Pending certain circumstances, your lawyer may also conduct their own independent investigation. Such an investigation may entail hiring an investigator to take pictures of the scene of the arrest, as well as talking to any witnesses and collecting all relevant evidence that supports your case.
3. Pretrial Status Conference
During the investigation phase, your lawyer will meet with the prosecutor to discuss your case. In some cases, their discussions may lead to the prosecutor offering a downgraded charge. If their offer is acceptable and the court approves to the lesser charge, then you case will be resolved before the trial begins.
4. Suppression Hearing and Pretrial Motions
Should there be any evidence against you that was obtained illegally, then your lawyer can move to have that evidence suppressed from the trial. In addition, your lawyer can file necessary motions that challenges any violations of your Constitutional and legal rights.
5. DUI Trial
In all honesty, DUI trials are actually pretty rare. In fact, most DUI cases are resolved through motions. However, if your case is not resolved during the pretrial stages, then your case will go before a judge. During your trial, your lawyer will employ the best defense strategy available, while the prosecution will push for conviction. If your lawyer is effective enough, then the judge may find you not guilty, and you will leave free.
Contact the Best DUI Lawyer in New Jersey
Are you facing a DUI charge in New Jersey? If so, then you will need to understand the DUI court process. Contact the experienced legal team at Samuel Louis Sachs Esq LLC to learn how you can effectively get your DUI charges dropped or downgraded.