Getting charged with driving under the influence in New Jersey can be a terrifying experience for anyone, especially if it is your first time being charged with a legal offense. The timeline of events after being charged with a DUI seems like a blur and can easily overwhelm a person who is unfamiliar with the legal processes involved.
Seeking the help of an experienced New Jersey DUI attorney can help bring you peace of mind in dealing with your case. At The Kugel Law Firm, our team of dedicated DUI attorneys can walk you through the legal steps of your DUI case. We have the necessary skills and legal knowledge to build a strong legal defense to achieve the best possible outcome for your case. Contact us today at (973) 854-0098 to schedule a free strategy session.
I got arrested and charged with a DUI. Is my license considered suspended?
New Jersey does not classify a DUI as a criminal offense rather, it is considered a traffic violation under NJ law. If you are charged with a DUI in New Jersey, you may be allowed to keep driving until the date of your arraignment or your court date.
It is important to seek the help of an experienced New Jersey DUI attorney to protect your rights and represent your interests in court. A DUI conviction can have a significant impact on a person’s life. Loss of driving privileges can mean increased hardship in fulfilling your personal commitments. You may find it difficult to continue to go to work or other activities and may even be subject to a jail sentence. Depending on the facts of your case there may be an option to keep driving with the installation of an ignition interlock device in your vehicle.
At The Kugel Law Firm, our attorneys work hard to provide quality legal counsel and representation to New Jersey residents who have been charged with a DUI. We diligently investigate the circumstances of your case to build the best legal strategy possible. To learn more about how we can help you, call us today at (973) 854-0098.
Does the Arresting Officer Have to be in Court for a DUI
In New Jersey, cases involving driving under the influence often include testimony from the arresting officer during the prosecutor’s presentation in court. The officer typically recounts the driver’s conduct prior to the traffic stop, the stop itself, and the outcomes of any field sobriety or chemical tests administered. The officer’s account is vital, as it offers insights into the driver’s actions and state at the time of arrest, such as evidence of intoxication or impaired driving.
Following the prosecutor’s examination of the arresting officer, the defense attorney has the chance to cross-examine the officer. This stage of the trial is crucial, as it enables the defense lawyer to emphasize any discrepancies or concerns in the prosecutor’s case. By posing questions that call for simple affirmative or negative responses, the defense attorney can steer the narrative and introduce information that bolsters their client’s defense.
A skilled DWI defense attorney can, during cross-examination, draw attention to elements of the traffic stop and arrest that may suggest the driver was not impaired. For instance, while the officer might concentrate on negative factors such as slurred speech or bloodshot, watery eyes, the defense can point out behaviors consistent with a sober individual. This strategy assists in establishing favorable evidence for the defense and undermining the prosecution’s case.
Timeline After a DUI Arrest in New Jersey
When you are charged with a DUI, understanding what your charges are and knowing what to expect can be crucial in getting the best possible outcome. Our team of skilled DUI attorneys at The Kugel Law Firm helps clients navigate the legal system and understand their rights and responsibilities under the law.
At the Police Station
A driver arrested on DUI charges may not be required to stay at the police station or post bail unless there are additional criminal charges leveled against them.
It is also possible for a driver to be issued multiple traffic tickets for additional offenses in addition to the DUI. Many DUI cases also include charges of reckless and/or careless driving as well as other moving violations.
The DUI ticket will indicate the court date which also serves as the driver’s arraignment date. The arraignment date usually happens a few days after the arrest.
Arraignment
At the arraignment, the judge will read the charges against you as well as your rights and advise you to retain the services of a lawyer if you haven’t already. This will also be the time when you will be allowed to state whether you plead guilty or not guilty.
It is advised to seek the help of a skilled attorney before the date of the arraignment, preferably as soon as you are charged with a DUI. An attorney can either file a notice of appearance or seek a waiver of the arraignment before a request for discovery. Whether you attend or request a waiver would depend on what your attorney advises you, based on the circumstances of your case.
Discovery
The request for discovery is a request for all the information and records pertinent to your arrest. This can include the following information:
- Video or audio recordings from the time of your arrest
- Copies of your BAC test and results including supporting documents
- Name and contact information of the arresting officer/s and their police reports
Your attorney can also determine if there is a need for and conduct an additional, independent investigation of your case. This can include interviewing witnesses, collecting medical information, taking photos of the scene, consulting experts, and gathering other evidence that may help build a strong legal defense against your charges.
While the discovery process is ongoing, your attorney can request that evidence the prosecutor has that can be useful in your case be preserved. Some video and audio recordings may not be available if not requested immediately after an arrest. Should the prosecutor fail to comply with your attorney’s legitimate requests, your defense attorney can seek a remedy or compel the production.
Your attorney can also request that certain evidence be suppressed, especially if the means by which they were acquired are faulty. Pre-trial orders and motions to suppress or compel under the discovery process can be crucial in building your legal defense.
Trial
DUI trials in New Jersey are presided over by a judge. New Jersey law does not give defendants the right to a jury trial in DUI cases. Your case will be heard and decided by a judge who will rule based on the evidence and impose the appropriate sentence. The prosecution will present its case, aiming to prove your guilt beyond a reasonable doubt. Once the prosecution has presented, the defense can enter a motion for the judge to enter a judgment of acquittal or not guilty. If the judge does not accept, the defense will present its case.
After the defense has presented its case, the judge will pass the judgment of either guilty or not guilty. If the verdict turns out to be guilty, the judge will request that the defendant surrender their driver’s license.
If you have been charged with a DUI in New Jersey, it is crucial to speak with a skilled New Jersey DUI attorney as soon as you can. A DUI conviction can leave a permanent mark on your record and affect your personal and professional life. You may be subject to a jail sentence, expensive fines, and license suspension or revocation.
Led by top-rated New Jersey DUI attorney Rachel Kugel, our team at The Kugel Law Firm understands the potential ramifications a DUI conviction can have on a person’s life. This is why we work hard to deliver results and provide compassionate but aggressive legal representation to defend the best interests of our clients. Contact us today at (973) 854-0098 or fill out our online form to schedule a free consultation.
| Timeline | Description | Actions |
|---|---|---|
| Police Station | Driver not required to stay or post bail unless additional charges involved. | Driver may receive multiple traffic tickets with DUI charge. |
| Arraignment | Judge reads charges, informs rights, and driver pleads guilty or not guilty. | Consult attorney before arraignment. Attorney files notice of appearance or seeks waiver. |
| Discovery | Request for relevant information and records (e.g., recordings, BAC test results, police reports). | Attorney conducts independent investigation and gathers additional evidence. |
| Trial | Judge presides over DUI trials; no jury trial right. Prosecution proves guilt beyond a reasonable doubt. Defense presents case. | Defense may enter motion for judgment of acquittal. Judge delivers verdict. If guilty, defendant surrenders driver’s license. |
