A Cherry Hill DWI is a Traffic Offense With Serious Consequences
In Cherry Hill, New Jersey, a DWI is considered a traffic offense. However a conviction for a DWI has serious legal consequences. If convicted for DWI in Cherry Hill Township, your license will be suspended and time in jail time is possible. In most DWI cases, the judge will order the installation of an ignition interlock device for a minimum period of 13 months and up to twenty-six years. Additionally, there are tremendous financial costs for a conviction.
The Arrest by a Cherry Hill Police Officer or New Jersey Trooper
In Cherry Hill, an arrest for DWI and other related offenses begins the legal process for an alleged drunk driver. The police will keep the driver in the police station for a maximum of twelve hours, unless a sober driver appears at the police station to sign for the driver’s release. A DWI ticket and other traffic tickets are issued with a date to appear in the Cherry Hill Municipal Court for an arraignment.
The Discovery Process
Kevin Leckerman, Esquire, a Cherry Hill DWI attorney, will write to the Cherry Hill Municipal Court to have the appearance of the driver excused at the arraignment and will also send a request for DWI discovery (request for all evidence) to the Cherry Hill Prosecutor’s Office. This correspondence to the prosecutor will contain specific requests concerning information about the breath, blood or urine testing that occurred. If the State fails to produce the requested discovery, then a motion to compel the production of discovery will be filed. Once this motion is granted by a Cherry Hill Municipal Court judge, then the prosecutor must provide the ordered discovery within a certain time period. If the prosecutor fails to turn over the discovery within the ordered time period, the Cherry Hill Court could order that certain evidence be thrown-out or the case dismissed entirely.
The 60-day Requirement in Cherry Hill
A New Jersey court rule requires that the Cherry Hill Court concludes DWI cases within 60 days from the date of the arrest. This requirement may not always be met. The process of obtaining evidence may go well beyond the 60-days time period. Once evidence is completely received, Mr. Leckerman will thoroughly review with his clients the defenses that will be used in the case. Attorney Leckerman will also discuss whether DWI experts should be retained to review technical or scientific evidence. Those DWI experts may be able to write reports that could lead to the dismissal of the DWI charge. No matter what, Cherry Hill lawyer Kevin Leckerman will fight aggressively for his clients in order to get the best possible outcome.