Time Line of a NJ DWI
The court system has established a sixty day guideline to complete DWI and other cases in the municipal court.
In a NJ DWI case, it is extremely unlikely that all of the necessary discovery, including documents regarding the stop, arrest, and testing of a driver, can be obtained and properly analyzed in a sixty day time period.
This guideline is not a requirement and is unlikely to be the basis for a court to dismiss a DWI prosecution.
A court may consider a dismissal if the State fails to comply with orders to provide discovery.
In almost every case that we handle, we file motions to compel discovery that we have not received – discovery that we believe is necessary to evaluate the case to determine what defenses may be available in the particular circumstance.
It is extremely important to obtain as much information on the stop, arrest, detention, and testing of the driver, to assess how to defend the case. There are numerous paper and electronic records for breath testing and blood testing issues that must be addressed to see how the breath or blood results may be excluded from evidence. There may be video of the stop or video taken in the police station that must be obtained.
Once sufficient discovery has been obtained to evaluate the charges against the driver, we review that material and make determinations as to the defense of the case. We consult with other experts on field sobriety testing issues, physiological issues that may have affected the field testing or breath / blood testing, as well as experts who deal directly with the accuracy of breath and blood testing issues.
In order to defend someone in the way that is most effective, and in the only way that we will do a DWI defense, more time is usually needed than the random 60 days allotted in the guideline.
On the contrary, we also file a notice of Speedy Trial in each case, asserting our client’s right to a speedy resolution of the case. If the State fails to provide required evidence or the case is delayed for reasons not the fault of the defense, then we will seek dismissal of the charges.
Please contact us to discuss your case.