Under the Influence DWI cases can be difficult for the State to prove. I have made this observation on my blogs over and over again. I higher level of police training and investigation if frequently required, especially if the alleged intoxicant is marijuana.
In yet another example of this, I was able to obtain a pre-trial dismissal of a marijuana DUI case this past week in a Hudson County municipal court. This happened because I was able to point out a plethora of errors with the investigation that were clearly apparent from the police report and other provided discovery.
During my negotiations with the prosecutor, I raised the many issues and defenses that my client would be able to raise. In this instance, the prosecutor agreed that the problems with the case would most likely prevent the State from meeting its burden and proof.
Dismissal of DUI and DWI cases is not an easy task and there are a number of steps that the Court must take when following the State’s recommendations. There are rules and guidelines that have been promulgated, one of which requires that the prosecutor speak with the arresting officer before she recommends the dismissal. The judge also questions the prosecutor to ascertain why the State does not believe it can obtain a conviction.
Hiring an experienced DUI/DWI lawyer ensures that these frequently occurring mistakes with a drug related DUI charge are exposed, and that it is clear to all involved that a prosecution is unlikely to result in conviction.
This is not to say that some DUI related arrest do relate in convictions. Of course, there are situations where the state does conduct a proper investigation and the need to go to trial exist. However, in my opinion, these are still very winnable cases.