27 Things YOU Need to Know about Your DWI/DUI Case

What must your attorney do before trial?

1. Obtain all relevant reports and information about your stop and arrest, and make appropriate pre-trial motions in the proper time period

An understanding of the Municipal Court system:

1. Although most states allow for a jury trial in DWI matters, there is no right to a jury trial in New Jersey

How the arresting officer's testimony can be discredited:

1. Inconsistent statements
2. Failure to recollect

5 requirements which must be followed for chemical and roadside tests to be valid:

1. The officers must have had a reasonable suspicion that you were violating the law
2. The officer must have had probable cause to arrest you
3. You have to have been operating or about to operate the car
4. The officer must have probable cause to ask that you take a chemical test
5. The officer must give you your Miranda Rights after you are arrested, if he is going to interrogate you

What are 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you
2. The effect of a conviction

How to determine whether you should go to trial:

1. It's a cost-benefit analysis.  How much is it worth to defend my case?

What effect with this arrest have on my license and when will I be able to drive?

1. If your blood alcohol was over the legal limit or you refused a test, and if you are convicted, you may not be able to drive at all for a long period of time

How to save your license if you're found guilty in court?

1. Unfortunately there are not probationary or hardship licenses in New Jersey

What 5 preliminary motions should be filed (if relevant to your case):

1. Motion to suppress evidence on the grounds that you were unconstitutionally stopped
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure
3. Motion to suppress evidence for lack of probable cause to arrest
4. Motion to suppress statements on failure to give Miranda rights
5. Motion for Discovery of additional evidence

*If these motions are not filed, your case may not be dismissed when it should have been.  You may not be told about evidence which would prove your innocence

7 defenses in pre-trial motions:

1. Contest the constitutionality of the stop
2. Contest the constitutionality of the administration of roadside tests
3. Contest the constitutionality of probable cause to arrest
4. Contest the constitutionality of the Miranda rights
5. Contest the manner in which roadside tests were given
6. Contest the operability of the testing machine
7. Contest the constitutionality of any search and seizure

Law Offices of Jason Pollack

www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

Burlington County

105 High Street

Mount Holly, NJ

Camden County

211 S. White Horse Pike

Audubon, NJ

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ