The Driving While Intoxicated (DWI) laws in New Jersey are very strict. Because of this, sometimes the accused in such cases feels that there is no point in spending money on a lawyer, and chooses to Plead Guilty. This may not be a wise decision, since there is a great deal that a competent lawyer can do to help. The common strategy is to minimize and possibly even avoid punishment.
The process of a DWI case consists of Complaint and Summons, Arraignment, Pre-Trial Discovery, Pre-Trial Motions, Trial, Findings, Sentencing and Appeal. The role of a counsel is to expertly handle the case through these steps. The lawyer will collect all the relevant records and study the details with an eye on the client's Constitutional rights and defects in the State's case.
Take for example a person being charged with DWI for drinking inside his parked vehicle. The state has to prove the intention to drive, and prove that the man's Blood Alcohol Content (BAC) would be above the permissible limit when he operated the vehicle. A smart lawyer may be able to destabilize the state's contention. If the accused is denied the result of the roadside test, it infringes on his rights. Some types of tests may not be scientifically sustainable. A delay in hearing the case may encroach on the citizen's right to speedy trial. A prior DWI conviction in another state may not have been based on grounds that would attract the mischief of New Jersey laws.
There are many more possibilities for a good lawyer to help his client in a DWI case. A number of such lawyers practice in New Jersey. The initial consultation is usually free. But while choosing a lawyer, certain pertinent points should be kept in mind. It is often advisable to hire a specialist than a general law practitioner, for obvious reasons. Study his past record. If his operational style is to encourage the accused to plead guilty, perhaps one should look for another lawyer. One should not be afraid to ask questions; after all, the client is paying the lawyer and has a right to know what kind of service he can expect.
Drivers from other states involved in DWI cases can entrust the matter with local lawyers instead of spending time and money to return to New Jersey for attending the court procedure. |
