Every individual possesses certain constitutional rights which apply in a drinking and driving case. These rights include the following:
- The Right to Remain Silent. Every defendant possesses a constitutional right to remain silent and nothing can or will be used against an individual based on the exercise of this right. In other words, no negative inference or conclusion can be drawn from a person’s desire to remain silent and choose not to respond to allegations that he or she committed a DWI, DUI or refusal violation.
- You Are Innocent Until Proven Guilty. Each and every drunk driving defendant possesses a constitutional presumption that he or she is innocent until proven guilty. In this regard, the burden is on the State to prove each and every element of an offense beyond reasonable doubt and, unless and until that burden is satisfied, an individual remains innocent.
- The Right To Be Represented. Since a conviction for driving while intoxicated, driving under the influence or refusal to take the breathalyzer in New Jersey, involves a consequence of magnitude, every individual is absolutely entitled to be represented by counsel of their choosing.
- The Right to Confront Witnesses: A defendant possesses the constitutional right to confront witnesses, that is, cross-examine those individuals testifying against them.
- The Right Against Unreasonable Search & Seizure. Every individual is constitutionally protected against unreasonable search and seizure. This means that the police need to possess a reasonable basis, commonly referred to as probable cause, before they may seize a person (e.g. arrest) or search their property.
When the aforesaid constitutional rights and protections are violated by the State, the ramifications can be fatal to the prosecutor’s case. The Law Offices of Jonathan F. Marshall has experience in handling New Jersey DWI, DUI or refusal cases and will insure that the aforesaid rights are protected and, where they are violated, will bring this to the Court’s attention.
