What Is the New Jersey DWI Court Process?
If you are accused of driving while intoxicated in New Jersey, you are likely overwhelmed and frightened, and wondering about what next steps to take. An experienced New Jersey DWI attorney can help guide you through the process, explaining what your rights are and how best to proceed.
The court process in New Jersey is unique, and you will need to consult with an experienced DWI attorney who can advocate for your rights. You will want to retain an attorney as soon as possible, so that he or she can be present and involved in the case from the beginning.
The Arraignment
If you have not obtained counsel, you will be required to attend an arraignment where the charges against you will be read. You will have the opportunity to enter a plea of guilty or not guilty. If you have retained counsel, he can make this first appearance on your behalf at a pretrial conference.
Pretrial Conference
At the pretrial conference, your attorney will meet with the prosecutor and police officers involved in your case and hear the evidence against you. The upcoming hearings for your case will be scheduled at this time.
Motion Hearings
If your attorney files any motions in relation to your case, a hearing will be called to rule on that motion. For instance, your attorney may decide to file a motion to suppress evidence if he believes your breathalyzer or field sobriety test results are unreliable. Experts may be called to testify, and your attorney will have a chance to cross-examine witnesses, including the police officer.
DWI Trial
In New Jersey, DWI defendants do not have the right to a jury trial. Instead, their cases are decided by the judge, called a bench trial. The judge hears all the evidence and your attorney will have the opportunity to contest the evidence presented against you.
If you are found guilty, the judge will impose the penalties defined by law for the offense. If you are found not guilty, the charges will be dismissed. You have the right to appeal a conviction to a higher court.
Penalties
DWI penalties in New Jersey depend on whether it is a first-time offense, a second offense, a third, or more. Depending on the severity of the offense, penalties can include fines up to $1000, surcharges of $3000 – $4500 over three years, community service, jail time of up to 180 days, mandatory alcohol rehabilitation education, an ignition interlock device vehicle requirement, and a license suspension of up to 10 years (for third offense).
Contact Us!
For more information or to schedule a complimentary consultation with a New Jersey DWI attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.