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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.”

Part 8.

“A Defendant’s Right to a Speedy Trial”

Click Here to See the Next Video in the Series

Challenge Breath Test NJ DWI Lawyer

DUI

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.

“The following videos explain how we can fight against your DWI charges:”

Challenge the Field Sobriety Tests
Challenge the 20 Minute Observation Period
Challenge the Alcotest 7110 machine itself

“This page will answer any other questions you might have about DWI in New Jersey:”

NJ DWI Frequently Asked Questions and General Information

Fortunately, all of these New Jersey DWI and DUI penalties can potentially be avoided if you’re ready to fight your case. We have created our own advanced DWI defense system that we use to beat these charges.

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Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

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  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

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