NEW JERSEY CRIMINAL LAWYERS

NJ CONSTITUTIONAL RIGHTS

The Importance of Understanding Your Constitutional Rights in a Drinking and Driving Case

Driving under the influence or driving while intoxicated may seem like a minor offense, but it can have significant consequences. DWI/DUI charges are criminal offenses, and an individual in the United States facing such allegations is entitled to constitutional rights that can benefit their case if they are accused of such an offense.

The following is an overview of the constitutional rights that you should be aware of when facing a drinking and driving charge.

The Right to Remain Silent

One crucial right that every defendant should know when dealing with a DWI/DUI charge is the right to remain silent. This fundamental right allows accused individuals to choose not to respond to accusations leveled against them without fearing any negative consequences from doing so. Furthermore, no adverse inference or conclusion can be drawn from your decision to invoke this right.

You Are Innocent Until Proven Guilty

It is essential to understand that as an individual accused of drinking and driving, you are presumed innocent unless proven guilty. That means until every element of the accusation has been proven beyond any reasonable doubt by the prosecutor’s office, you remain innocent. Therefore, it is important to note that it is always up to State prosecutors to bring forth sufficient evidence concerning each element of the crime they are charging you with before proof of guilt is established.

The Right To Be Represented

Individuals accused of DWI/DUI offenses also have the constitutional right to legal representation by counsel they personally chose. With competent, skilled representation comes confidence throughout legal proceedings and indispensable knowledge on their side at all times throughout this challenging process.

The Right To Confront Witnesses

A defendant in a drinking and driving case can confront witnesses testifying against you. The cross-examination allowed under familiar trial procedures like these can be instrumental in clarifying false narratives brought about by overexaggerated testimony from alleged victims/witnesses.

The Right Against Unreasonable Search & Seizure

The protection against search and seizure or “Stop and Frisk” is considered one of the most important constitutional rights for DWI/DUI offenses, thus ensuring that certain protocols are followed in obtaining evidence. Defendants, in these cases, have a right to ask for a reasonable basis or probable cause before they can be arrested or seized without violating their Fourth Amendment Rights.

Protecting Your Constitutional Rights

When a defendant’s constitutional rights have been violated throughout a drinking and driving case, under general law enforcement policies, they may move to suppress any evidence obtained illegally seized within the matter. The defendant can even plead for the Court dismiss charges due to such violations by state agents acting overzealous in their duties.

At Spodek Law Group, we put protecting your constitutional rights at the forefront throughout your case. Our firm has skilled & experienced attorneys who understand how vital these rights are and provide them with every client we represent—contact us today to arrange for a consultation with our leading legal team in protectecting your rights when facing drinking and driving offenses while helping you navigate this challenging process.