Prosecutor Didn’t Provide Discovery in Your NJ DWI Case? Use it to Get Your Case Dismissed!
“The State (prosecutor and police department) must provide the defendant (and his or her attorney) with all the discovery evidence in the case. Discovery is all the evidence the State has and intends to rely upon in court. This can include police reports, videos, accident reports, and all the documents relating to the breath testing machine.”
In a DUI case in New Jersey, you are entitled to broad discovery and if the state does not give you all the information pertaining to your case, you can file for dismissal under a case known as State v. Holup. There are certain steps that must be taken prior to filing a dismissal motion. Prior to understanding the potential for dismissal it is important that you understand the rights you have in the case against you.
What is discovery?
Discovery is anything that the state has and intends to use against you or any information that may weigh in your favor or that which is relevant or lead to relevant information. For example, under New Jersey Court Rule 7:7-7, you are entitled to all relevant material as it pertains to your case and this includes items such as writings, audio or video recordings, data stored, tests, lab work, police reports, photographs, results of any physical testing or mental examinations, statements, witness names and information, admissions, confessions, warrants, and a list of witnesses the state intends to call against you.
Why Do You Need the Evidence for the Best DWI Defense?
You need discovery. Discovery can make or break your case. It is important that you obtain all information pertaining to your case, as it can significantly improve your chances of winning. Police officers are human, and humans have the tendency to make mistakes therefore it is extremely important you make the decision to hire a reputable attorney to help you fight this case. Your attorney will review the items provide to know how to prepare for your case. In a DUI trial, the municipal prosecutor will have to prove you guilty beyond a reasonable doubt. In order to know what proofs they have or how to combat those proofs, your attorney will need the discovery.
If the prosecutor doesn’t provide the evidence against you, we can make a Holup Motion to compel them to do so in accordance with the case of State v. Holup. If they fail to provide the discovery in the timeframe mandated by the judge, we will immediately make a motion to get your DUI charges dismissed.
Remember, the State is required to provide ALL evidence used against you including witness statements, accident reports, foundational documents for Alcotest Machine, video, etc. If they are not handed over to us in a timely manner, we can make a motion to get the case dismissed. Call now to find out how we can use this and other top defense strategies to beat your DWI case in New Jersey.