In each of New Jersey’s 21 counties, the County Prosecutor serves as the county’s chief law enforcement officer and must take actions to protect citizens, enforce the laws, and serve the interests of justice. That means if you are arrested and charged with driving under the influence (DUI) in New Jersey, the County Prosecutor’s Office will prosecute your case.
New Jersey DUI Cases: Who Prosecutes Them and in Which Courts?
As the county’s top law enforcement officer, the County Prosecutor serves basically the same role as a District Attorney. In contrast to some other states where the District Attorney is elected, the County Prosecutor in New Jersey is appointed by the Governor to a five-year term, which requires affirmation by the State Senate.
DUI cases are prosecuted in Municipal Court. Generally speaking, the County Prosecutor is not personally involved in handling a DUI case. Instead, the case is assigned to an assistant prosecutor. The attorney in that role typically has some discretion on how to prosecute the case, including deciding whether to defer prosecution, dismiss a drunk driving charge, or enter into some other form of plea agreement with a defendant.
For this reason, it can be beneficial to work with a New Jersey DUI defense lawyer who has experience negotiating with assistant county prosecutors and familiarity with the practices and procedures for negotiating drunk driving charges in different County Prosecutor’s offices.
What Is the Prosecutor’s Role in a DUI Case?
A prosecutor, much like a criminal defense attorney, must review the evidence in a DUI case, including evidence seized as the result of a traffic stop, seizure of items, and breath, blood, or urine testing. The evidence may include one or more law enforcement officers’ observations of a defendant’s driving, speech, and behavior, as well as dashcam or bodycam footage.
Based on this evidence, as well as a discussion with a DUI defendant’s attorney, the prosecutor will make the critical decision of whether to defer or dismiss the prosecution of a DUI charge, enter into some other type of plea agreement, or seek a conviction by going to trial.
Potential Defense Strategies for DUI Charges in New Jersey
The most effective strategy for defending against a DUI charge in New Jersey is to thoroughly investigate the charge and identify the strengths and weaknesses in the County Prosecutor’s evidence. In doing so, a New Jersey DUI lawyer may be able to develop defenses such as:
- Challenging the lawfulness of the stop that led to the DUI arrest, including whether the arresting officer had reasonable suspicion or probable cause to justify the stop, as well as any searches performed after the stop was initiated.
- Seeking the exclusion of any statements that the police officer obtained without proper warnings and/or without obtaining consent.
- Challenging chemical test results of breath, blood, or urine testing due to the use of improper equipment or failure to follow required testing procedures.
- Lack of evidence to support each essential element of the charge.
Talk to an Experienced New Jersey DUI Defense Lawyer Today
When you hire William Proetta Criminal Law, we will work tirelessly to investigate your case, identify all possible defenses, negotiate aggressively with the County Prosecutor’s Office, and seek the best possible outcome for your DUI case.
To learn more about how we can assist you, call or reach us online today. An experienced DUI lawyer at our firm is ready to review your case in a free consultation.
