Facing a DUI charge can be incredibly stressful. Getting convicted and losing your license could dramatically affect your life. Can you beat the charges? Does the state have enough evidence to prove their case against you? How can you defend yourself?
You don’t have to accept a DUI charge without a fight. You have legal options.
At this point, it’s important to talk to a skilled New Jersey DUI lawyer about your case. At The Kugel Law Firm, our lawyers can analyze the evidence against you and craft a strategic defense tailored to your unique circumstances. We can work tirelessly to challenge the prosecutors’ evidence, closely examine law enforcement procedures, and advocate for your rights at every step of the legal process. DUI cases are fact-specific and the outcome depends on what happened in your unique situation. You shouldn’t give up on your case. Your attorney can help you learn about how plea bargains work in DUIs and explain how you could get your case dismissed depending on the circumstances. Contact us today at (973) 854-0098 for a consultation and let us help you build a strong defense against DUI charges in New Jersey.
This is because you may be charged with a DUI or DWI but the state may not actually have enough evidence to convict you in court. An experienced lawyer can look at the facts of your case, determine where you stand, and take steps towards a successful outcome for you.
So what does a prosecutor have to prove in order for you to be convicted of a DUI or DWI?
What Is a Reasonable Doubt?
In New Jersey DUI, a prosecutor must prove beyond a reasonable doubt that you operated a motor vehicle while under the influence of alcohol or drugs.
“Beyond a reasonable doubt” is a common legal term known as a standard of proof. In order to convict you of a DUI, a judge must be convinced with no reasonable doubt left about the truth.
This is a high standard of proof – much higher than “preponderance of the evidence,” which only requires a judge to be more than 50% sure that the facts more likely happened than not. A higher standard of proof makes it harder for the prosecutor to prove their case against you.
Having a higher standard of proof for a DUI conviction makes sense. After all, a DUI could have major consequences on your life, including criminal penalties and a criminal record (in New York).
“Operating” a Motor Vehicle
To prove that you’re guilty of a DUI, the state must first prove that you were “operating” a motor vehicle. This may seem like an obvious question at first – it makes sense to assume that you’re operating a car if you’re in the driver’s seat while it’s moving.
But what if you’re in the driver’s seat and the car is parked? What if the engine is on but you’re not moving? Do you still qualify as “operating” the vehicle then?
- In New Jersey, “operating” a vehicle is broader than actually moving the car. It could be enough to be behind the wheel with the keys in the ignition. Or standing outside the car on the side of the highway. The issue of “operation” is very fact specific and you should discuss this in detail with a skilled DWI/DUI defense lawyer who can assess whether your case involves a real issue on operation. A case can be won or lost on the “operation” issue, it is that important.
Evidence Needed for Dui Conviction
In New Jersey, individuals facing allegations of driving under the influence (DUI) have access to several potential defenses. However, the prosecutors can utilize various forms of evidence to potentially establish your guilt. Below are the seven types of evidence that prosecutors can use to support DUI charges in New Jersey:
- Breath Sample: If you were subjected to a breathalyzer test during or after your traffic stop, the breath sample you provided could play a crucial role as evidence in your DUI case. However, there are various approaches to challenge the results of the breath test, and it is recommended to seek guidance from your attorney on potential methods to possibly exclude these results from being presented in court.
- Field Sobriety Test (FST) Results: If you participated in field sobriety tests (FSTs) during your traffic stop, the arresting officer’s interpretation of your performance in these tests can also serve as evidence in your DUI case. Yet, you may be able to challenge the credibility of the arresting officer’s interpretation by demonstrating improper test administration or presenting an alternative explanation for your performance.
- The Arresting Officer’s Observations: During your DUI trial, the prosecution has the authority to call the arresting officer as a witness to testify about their observations, which encompass the period before, during, and after your traffic stop.
- Your Statements to the Arresting Officer: The prosecutor can use any statements you provided to the arresting officer, with the arresting officer testifying about what you said on the roadside. However, there is a chance that your statements may not be considered valid in court.
- Physical Evidence from Your Vehicle: If the arresting officer discovered an open container in your vehicle, the prosecutor might present this as indirect evidence of drinking while driving, assuming that the vehicle search was lawful.
- Police Dash Camera or Body Camera Footage: Besides the arresting officer’s testimony about their observations, if there is video footage capturing your driving or actions during the traffic stop, the prosecutor may present this footage as evidence in your DUI case.
- Eyewitness Testimony: If there were any witnesses to your driving behavior or the traffic stop, which could include passengers in your vehicle, the prosecutor may summon these individuals to provide sworn testimony. However, witness statements are often subject to reliability challenges, and various tactics can be employed to mitigate the impact of witness testimony in court.
If you’re facing a DUI charge in New Jersey, understanding the evidence needed for a conviction is essential to building a strong defense. At The Kugel Law Firm, our skilled New Jersey DUI lawyer can meticulously assess your case, ensuring that all essential evidence, such as breathalyzer results, field sobriety tests, and police procedures, is examined with precision. Contact us today to protect your rights and secure the best possible outcome for your situation.
Proving Impairment Under the Influence
The second part of proving a DUI involves showing that the driver was under the influence of alcohol or drugs. This process is more straightforward with alcohol than with other drugs.
New Jersey uses breath test results taken during or after your traffic stop to prove that you were under the influence of alcohol. In New Jersey, the legal blood alcohol content (BAC) limit is 0.08%. You may face increasingly severe penalties if your BAC is especially high – for example, over 0.15% in NJ.
But a breathalyzer cannot detect drugs other than alcohol. Blood tests for marijuana or cannabis aren’t accurate because THC can be detected in the body weeks or months after use. And there’s no way to field test other types of prescription medication or illegal drugs.
A prosecutor trying to prove drug intoxication may also use the following as evidence:
- A failed Field Sobriety Test (FST), which can be challenged on the grounds that the test wasn’t administered properly or your “failure” was because of something else
- The arresting officer’s observations, testimony, and report notes
- Any statements you made to the arresting officer, which you could argue are inadmissible in court based on evidence rules
- Physical evidence from your vehicle, such as open containers or traces of drugs
- Police dashcam or bodycam footage of your traffic stop interactions
- Other eyewitness testimony from third parties who happened to see you driving the vehicle, such as passengers or pedestrians
Not all evidence is ironclad. The evidence against you may feel overwhelming but an experienced DUI lawyer can help enforce your legal rights. You shouldn’t face the heavy hand of the law alone without a diligent advocate by your side.
| Possible Defenses | Description |
|---|---|
| Improper Chemical Test Administration | Challenging the accuracy of the breathalyzer or blood test results based on procedural errors during testing or handling of samples. |
| Alternative Explanations for Behavior | Presenting evidence that there were other factors (e.g., medical conditions, fatigue, stress, etc.) that may have contributed to the observed behavior or physical symptoms. |
| Witness Testimony | Introducing eyewitnesses who can testify about the events leading up to the traffic stop and provide an alternative version of events. |
| Challenging Traffic Stop | Arguing that the traffic stop was not based on probable cause or that the officer violated your Fourth Amendment rights. |
| Miranda Rights | Challenging the admissibility of any statements made during the traffic stop or arrest if the arresting officer failed to read you your Miranda rights. |
Can You be Charged With DUI Without Evidence
In New Jersey, an individual may face a DUI charge, but it does not necessarily lead to a conviction if there is insufficient evidence. The prosecutor must meet a high standard of proof beyond a reasonable doubt, which is challenging to achieve. To prove that the person was “operating” a motor vehicle, the state must demonstrate that they had control of the vehicle, such as being behind the wheel with the keys in the ignition or standing outside the car on the side of the highway. However, the determination of “operation” is fact-specific, and it is crucial to discuss the case’s specifics with a skilled DUI defense attorney.
Proving impairment involves demonstrating that the driver was under the influence of alcohol or drugs. While breath tests are typically used for alcohol, drug intoxication can be more complex and may require various forms of evidence, such as Field Sobriety Test results, officer observations, statements, physical evidence from the vehicle, and eyewitness testimony.
Regardless of the presented evidence, a competent DUI attorney can assist in protecting the defendant’s legal rights and questioning the evidence’s validity. It is crucial to consult with an attorney promptly to develop a robust defense strategy and discuss the specifics of the case.
How to Fight a DUI Charge
The best way to defend yourself against a DUI charge is to get an attorney to look at your case as soon as possible. DWI cases take priority in the New Jersey court system, which means your case will proceed quickly and may be heard within 60 to 120 days.
In defending yourself, your attorney may use several different strategies:
- Challenging chemical test results for being administered or handled improperly
- Countering the officer’s testimony with another valid explanation for your behavior
- Introducing witnesses who will testify that they saw things differently
- Challenging the validity of the traffic stop on probable cause grounds
- Bringing up other legal missteps such as failing to read you your Miranda rights
A DUI conviction could mean losing your driver’s license, owing thousands of dollars in penalties and fines, or even facing criminal charges. It’s important that you take your next steps forward with confidence in your defense. The attorneys at Kugel Law can help. Schedule a no-risk case consultation with our leading DUI attorneys now. You can contact us at our New Jersey office at (973) 854-0098.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/beyond-a-reasonable-doubt-how-prosecutors-prove-dui/
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