Written by attorney Jef D Henninger

Winning your New Jersey DWI Case

Getting arrested for DWI in New Jersey can be very scary. You need your driver's license to get to work and go just about anywhere in New Jersey. Just because you got a ticket for DWI doesn't mean that you will automatically lose your license. Some people, including some lawyers, think that there is no way to win a DWI case. While DWI is a very complex area of law, there are many different ways to win.

If you are charged with DWI, you should hire a lawyer right away. Unlike most other cases, DWI cases are on a very short clock to resolve the case. This puts a lot of pressure on your lawyer to do a lot in a short amount of time. The first thing your lawyer must do is get the discovery against you. Discovery is all of the evidence that the state intends to use against you. This includes the police reports, the breath test results, the dash cam video and other items.

Once your lawyer reviews the discovery and does some legal research, he or she will get a much better idea as to the possible defense issues in your case. Your lawyer will then likely hire an expert. A DWI expert will review the discovery and issue a report that your lawyer can show the prosecutor. If the prosecutor sees that they may lose the case, your case may be dismissed or resolved by a plea agreement.

If your case cannot be resolved, your lawyer can file a number of motions with the court. A motion is a legal request for the court to do something such as dismiss the case, suppress evidence, exclude evidence, etc. Thus, your lawyer may have a number of motions to file that can result in the dismissal of all charges against you. Even if the case is not dismissed, the motions can have a serious impact on the State's case that can make it much easier to handle.

The goal of the trial is to win of course. However, there are some trials you just can't win no matter how much of the evidence is on your side. It is important to make a good record so that you can appeal. An appeal is not a do-over. It is a review of what occurred during the trial. Thus, making the right arguments and getting the rights facts on the record are important.

Thus, there are many opportunities to win a DWI case in New Jersey throughout the entire process. Going to court without a lawyer or with the wrong lawyer can lead to serious problems for you. Thus, if you want to win your DWI case, it is important to have the right lawyer with the right experience and the right plan.

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