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What Evidence Can the Prosecution Use to Prove DUI in New Jersey?

November 4, 2020 | Posted In Drunk Driving |

There are several potential defenses to driving under the influence (DUI) charges in New Jersey. However, there are several forms of evidence that the prosecution can potentially use to prove your guilt as well. When facing a DUI charge, it is important to have a clear understanding of the available evidence, and it is equally important to hire an experienced New Jersey DUI lawyer who can fight to protect you to the fullest extent possible.

7 Types of Evidence New Jersey Prosecutors Can Use to Prove DUI

Here are seven examples of types of evidence that prosecutors can use to prove DUI charges in New Jersey:

1. Breath Sample

If you took a breathalyzer test during or after your traffic stop, then your breath sample could serve as crucial evidence in your DUI case. However, there are various ways to challenge breath test results, and you will want to talk to your lawyer about ways you may be able to keep your test results out of court.

2. Field Sobriety Test (FST) Results

If you took the field sobriety tests (FSTs) during your traffic stop, then the arresting officer’s interpretation of your performance on these tests can also serve as evidence in your DUI case. But, you may be able to challenge the reliability of the arresting officer’s interpretation by showing that he or she administered the tests improperly or that there is an alternate explanation for your “failure.”

3. The Arresting Officer’s Observations

During your DUI trial, the prosecutor’s office can call the arresting officer to the stand to provide testimony regarding his or her observations. This includes the arresting officer’s observations before, during and after your traffic stop.

4. Your Statements to the Arresting Officer

If you made any statements to the arresting officer, the prosecution could call the arresting officer to testify as to what you said on the side of the road. However, it is also possible that your statements could be inadmissible in court.

5. Physical Evidence from Your Vehicle

Did the arresting officer find an open container in your vehicle? If so, the prosecution may be able to present this as circumstantial evidence that you were drinking behind the wheel—if the search of your vehicle was lawful.

6. Police Dash Camera or Body Camera Footage

In addition to the arresting officer’s testimony regarding his or her observations, if there is video footage of your driving or your conduct during your traffic stop, the prosecution may be able to introduce the footage as evidence in your DUI case.

7. Eyewitness Testimony

Finally, if there were any eyewitnesses to your driving behavior or your traffic stop (including any passengers in your vehicle), the prosecution may be able to call upon these individuals to testify under oath. But, witness statements are often unreliable, and there are various ways to lessen the impact of witness testimony in court.

Discuss Your Case With an Experienced New Jersey DUI Lawyer at Helmer, Conley & Kasselman, P.A.

Are you facing a New Jersey DUI charge? If so, you need to speak with a lawyer promptly. To get help from an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or contact us online now.

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