DWI is a Traffic Offense With Serious Consequences
In New Jersey, DWI is considered a traffic offense. Yet, the consequences of a DWI are extremely serious. If convicted of a DWI, a license suspension is certain and jail time is possible. In many DWI cases, an ignition interlock device must be installed on your vehicle for the duration of the license suspension period and for additional time after the suspension period. Lastly, the financial costs of a DWI are tremendous.
The New Jersey court process typically begins with an arrest for DWI. The driver will be kept at the police station for twelve hours, unless someone comes to the station to sign for the release of the driver. At the station, a DWI ticket and usually other traffic tickets are issued with a date to appear in a New Jersey court for an arraignment.
The Discovery Process
An experienced DWI attorney, such as Kevin Leckerman, will not only write to the New Jersey court to excuse the appearance of his client at the arraignment, but will immediately send a request for DWI discovery (request for all evidence) to the prosecutor. This letter should contain special requests concerning information about breath, blood or urine testing that occurred. If the prosecutor does not provide requested discovery, a motion to compel discovery will be filed most of the time. Once this motion is granted by a judge, then the prosecutor must provide the ordered discovery. If the prosecutor fails to provide ordered discovery, evidence could be suppressed or the case dismissed entirely.
The 60-day Requirement
A rule of New Jersey courts requires DWI cases to be concluded within 60 days from the date of the arrest. This requirement is not always met. The discovery process may go well beyond the 60 days time period. Once discovery is completely received, Mr. Leckerman discusses with his clients whether certain DWI experts should be retained to review technical or scientific evidence. Those experts may be able to offer written opinions that could aid a favorable resolution of the case. At the end of the discovery process, a DWI trial date is scheduled. Mr. Leckerman will make the client aware of all of the options available prior to going to court. No matter what, Kevin Leckerman will aggressively and creatively defend his clients in order to get the best possible outcome.
Serving all New Jersey counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, Warren.