When you have been arrested for a DUI, you will soon be faced with the decision of whether or not to go to trial. There is no perfect one-size-fits-all answer to this question. You may benefit from going to trial or your New Jersey DUI attorney may advise you to take a plea agreement. It all depends on the specifics of your case. If you and your attorney are aware that there is strong evidence against you, going to trial may not be worth your time. Pushing forward with a trial despite knowing you will likely be found guilty may simply increase your attorney fees and delay the inevitable. Additionally, if the prosecutor is clearly willing to negotiate and minimize the consequences of conviction, then a plea agreement could provide the best possible outcome.
However, many DUI cases are not cut and dry. Your attorney can evaluate the situation and provide an objective opinion on whether moving forward with a trial offers you a sincere chance of being found innocent. Deciding between trial and a plea agreement can be overwhelming. If you have been charged with a DUI, do not hesitate to call a New Jersey DUI defense lawyer at Bhatt Law Group for help.
Free consultation: (201) 798-8000.
When Going to Trial is Worth It
If you are confident in your innocence, you should not plead guilty and have a mark on your permanent record. Conceding guilt to a crime you did not commit only punishes you when you may be likely to prevail in front of a judge or jury. If your attorney is thoroughly prepared to show there was a mistake, you may find trial worth it. Going to trial may also be worth it if your attorney is confident that they can discredit the prosecutor’s evidence, such as by proving there was an:
- Unconstitutional traffic stop: If there was a clear violation of your rights during your stop and arrest, this may be able to be used to gain an acquittal. For instance, if the police officer did not have any justification for pulling you over, your attorney may be able to have the charges dismissed.
- Unlawful sobriety checkpoint: All DUI checkpoints must follow federal and state rules to be considered a Constitutional search and seizure. If your attorney has evidence that your arrest was made at an unlawful checkpoint, your case could be dropped.
- Improper arrest: If the police officer did not have probable cause to arrest you or did not read you your Miranda rights upon arrest, your attorney may seek to have the case dismissed.
- Inaccurate breath, blood, or urine test: Chemical tests can be improperly administered, incorrectly or entirely uncalibrated, and inaccurate. Prosecutors heavily rely on chemical and field sobriety tests to prove their cases. However, many chemical tests are inaccurate. Breath test machines, in particular, are well-known for not being properly calibrated and therefore giving false positives for drunk driving. Despite popular belief, urine tests are also an unreliable method for determining not only the presence of alcohol in your system, but also for quantifying how much. Your attorney will thoroughly evaluate how and when you were given these tests.
- Improperly administered or graded field sobriety test: Field sobriety tests do not provide accurate scientific evidence of impairment and can be incorrectly administered and graded by police. These often make a driver look more impaired or inebriated than they are. An entirely sober driver can fail these physical exams. A number of factors influence the outcome of these tests, including high heels or inappropriate footwear for the terrain, poor weather, drowsiness, physical disabilities or injuries, and prescription medications.
Contact a New Jersey DUI Defense Lawyer Today
If you have been charged with a DUI, you need to speak with an experienced DUI defense lawyer as soon as possible. You need someone who knows the law and how to analyze your circumstances to determine whether you should accept a plea agreement or fight for your rights and freedom at trial. The criminal defense attorneys at Bhatt Law Group can help you no matter what avenue you choose. We have years of experience helping individuals charged with DUIs make the best decisions for themselves and their families. If you choose to go to trial, we will build you the strongest defense possible.
For more information, contact Bhatt Law Group at (201) 798-8000 to schedule a free consultation.