Cases involving DWI and DUI charges come up rather frequently in the justice system, and courts are used to resolving these cases relatively quickly. DWI cases usually move through the courts quickly, and while this can be good for those who wish to put the whole thing behind them, it may leave you with little time to prepare an effective defense. It is best to hire a lawyer for help as soon as possible.
The Municipal Court system handles DWI cases and works under strict guidelines to complete DWI cases within 60 days. This is a very tight turnaround for DWI cases, and you are likely to be in court in front of a judge only a few short weeks after the police initially stopped you. The 60-day guideline is just that, a guideline. It is not a hard rule. As such, some cases may take longer than 60 days, but there should be a good reason for the delay. If there is not, talk to your attorney about possible due process violations.
Call (609) 418-4537 and ask our Atlantic City, NJ DWI and DUI lawyers at the Lombardo Law Group for a free, private assessment of your case to begin.
How Soon After Being Charged with a DWI in NJ Must the Case be Completed?
DWI cases in New Jersey are somewhat common, and the courts tend to deal with them sooner rather than later. DWI cases are heard in the Municipal Court, which operates under a strict rule to process them within 60 days. This is not so much a hard law as it is a strongly encouraged guideline. It might be possible for some cases to take longer than 60 days, but usually, courts need a good reason for a delay.
If your case takes over 60 days, you should discuss it with your lawyer. While going over 60 days is unlikely to be the basis for a dismissal, the longer you must wait, the stronger of an argument for dismissal you can make. For example, you or the state might request a continuance for more time to prepare or because evidence will not be available until later. Continuances are a routine part of the justice system and may cause your case to take longer than normal. However, too many continuances from the state might be a red flag, and you should talk about it with your lawyer.
What to Do if Your DWI Case in NJ Takes Too Long to Complete
If it has been more than 60 days since you were charged with a DWI and your case has still not been presented before a judge, talk to your attorney immediately. Sometimes, delays are unavoidable and nobody’s fault. Bad weather might cause the courts to close for a while, or you might have to delay the case to wait for important evidence. However, if there is not much of a reason for the delay – or at least a good reason – you might want to consider moving to have the case dismissed.
First, our NJ DWI and DUI lawyers must figure out what is causing the delay. In some cases, delays cannot be helped and are not grounds for dismissal. For example, maybe the attorneys working on your case were injured in an accident and could not come to court for a few weeks. Maybe a bad snowstorm caused the courts to close for a while. Anything is possible, and delays are excusable if they happen for good reasons.
If the delay is related to legal problems, you might have a reason to argue for dismissal. The state must comply with orders to provide you with discovery, meaning they must provide you with all the evidence they have so you and your attorney may build the strongest defense possible. If the state fails to turn over discovery in a timely manner, causing a serious delay, you may be able to argue for a dismissal based on a violation of your rights to due process.
When You Should Hire a Lawyer for Your DWI Case in NJ
If you or someone you know is currently facing DWI charges in New Jersey, it is wise to call a lawyer for help as soon as possible. Ideally, you should contact an attorney as soon as you know you are being charged. Remember, the courts handle DWIs fairly quickly. You might be in front of a judge in only a few weeks, and you might not have much time to prepare your defense. Hiring a lawyer as soon as possible may help you maximize your time so you can adequately plan your case.
The Municipal Court often prioritizes DWI matters, and a judge will likely hear your case relatively quickly. Even if the court has a busy schedule, your case might be moved toward the top of the list so that it can be completed within 60 days or close to it.
If you wait too long to hire a lawyer, they might have very little time to review the case and develop defense strategies. Remember, your attorney is likely working on more than one case, and they might be unable to devote all their time to your DWI charges. Hiring them sooner rather than later may allow them to plan for your case while also balancing a full caseload. Hiring them too late might mean they have almost no time to prepare, and your defense may suffer.
How Much Time You Need to Resolve a DWI Case in NJ
While courts like to resolve DWI cases within 60 days, you might actually benefit from delays. Remember, this is a very tight turnaround, and 60 days leaves very little time for defendants and attorneys to plan and prepare a defense. Depending on your situation, you might need more time, and a continuance might be worth considering if possible.
More complex cases tend to require more time and might take longer than the recommended 60 days. Other cases are more straightforward and may be completed faster. Is your case a bit complicated, or can you be ready within 60 days? Talk to your attorney to find out.
Contact Our NJ DUI and DWI Lawyers for Assistance
Call (609) 418-4537 and ask our Folsom, NJ DWI and DUI lawyers at the Lombardo Law Group for a free, private assessment of your case to begin.
