New Jersey DWI Defenses
“A Defendant has a right to a speedy trial in their New Jersey DWI case. If the state fails to prosecute them in a reasonable period of time, the Judge can dismiss the case based on a motion for a speedy trial.”
“A Defendant’s Right to a Speedy Trial”
The United States and New Jersey constitutions provide you with many defenses that may apply in your DWI case. For example, they guarantee you the right to speedy trial. If the state fails to file charges against you quickly enough, or if they fail to diligently work to bring your case to trial within a set period of time, your attorney may be able to argue that they have violated the constitution and that your case should be dismissed as a result.
Specifically, there is a guideline from the New Jersey Supreme Court that all DWI cases should be resolved within 60 days. Though this can be hard to comply with considering they have to gather all the evidence for trial, if we can show the state has illegally dragged out the case because they are missing a key piece of evidence, we can motion to have the case thrown out in court.
For example, the State must provide you lawyer with the discovery evidence which is all the evidence the State has and intends to rely upon in court to prove the case. This includes police reports, witness statements, accident reports, videos, and all of the documents related to the breath testing machine which was used in your case. Sometimes they take a long time to do that and, at a certain point, the judge can suppress the evidence or even dismiss the case for the State’s failure to comply with the discovery rules and for violating the defendant’s right to a speedy trial.