What To Expect At Your DUI Trial In Monmouth County, NJ

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In this article, you can discover…

• What to expect during a DUI trial, and what the process looks like.
• How to dress for your trial, and what not to wear.
• The questions you might be asked and how an attorney can help you prepare.

What Can I Expect To Happen During My DUI Trial In New Jersey?

Much like any other trial, your DUI trial will begin with an opening statement, although these are most often waived since we are dealing with a bench trial. This typically means that a judge rather than a jury is deciding your case and has seen cases like yours with similar details many times. I typically try to engage in a nuanced statement for a bench trial, focusing on any statements, or other evidence that I would like for the judge to pay attention to. Thus, opening statements in DUI trials are typically much different than those in a criminal trial before a jury.

After opening statements, the state will call their witnesses, and the prosecutor will engage in direct examination to elicit testimony about any relevant facts for the judge to consider. While the prosecution’s goal is to get a conviction by presenting their case, I will have the opportunity as your attorney to cross-examine the prosecution witnesses. Most of the time, I am able to get the information I need to build your defense through cross-examination. We may also call expert witnesses, such as a laboratory analyst or medical doctor, to testify about things like breath sample contamination or unreliable blood testing.

On rare occasions, I may recommend that the defendant testifies. But usually, I will recommend that defendants maintain their right to remain silent and not testify because I can usually gather the information I need for the defense without putting the defendant on the stand. At bench trials, judges generally understand and accept that a defendant will not testify except in extraordinary circumstances. Since this is a defendant’s Fifth Amendment constitutional right, the judge will not hold their refusal to testify against them. This also shortens the trial. If you choose to testify as my client, I will take the necessary time to prepare you for any trick questions that may be used to poke a hole in your defense. But remember that, if you do testify, the prosecutor can comment on your credibility or twist your words into something you didn’t mean. If you remain silent, the prosecutor can’t.

Finally, closing arguments occur before the judge decides the case. While the case is usually decided on the same day, it is possible that a judge will reserve their decision, and you will need to return to court in person to be sentenced if there is a guilty verdict. You will have a right of allocution as the defendant, meaning that you can speak candidly with the judge about why you think you deserve a more lenient sentence. However, New Jersey defines minimum and maximum penalties very clearly, meaning that we rarely engage in allocution. In fact, we generally only bother with allocution in cases where there are either multiple offenses or a series of aggravating factors, when the judge should be told about any rehabilitative efforts you have taken or good deeds you have performed. A clean driving record also goes a long way in your defense, and the judge will be required to examine your driving record, whether or not we decide to present argument at allocution.

After allocution, a sentence is imposed. Most sentences will require an alcohol ignition interlock system to be installed in your vehicle, among other consequences. However, you can advocate for a stay of execution, meaning that your sentencing can be delayed for 20 days while you make the decision whether to appeal the verdict. If you do appeal, generally, the stay will continue until the Superior Court decides the appeal.

How Should I Dress For My Trial?

Shirts and ties or other business casual attire is generally appropriate. You don’t need to wear a suit, but make sure that your clothing is respectful and appropriate. For example, don’t appear in court wearing a shirt with a marijuana leaf or a beer keg on it. If scheduling requires you to wear work attire, this is acceptable. Most judges, whether they say it or not, view the jacket and tie as a sign of respect. But judges also appreciate that if you’re working and your job requires you to wear something else that you are doing your part to support yourself and your family and contribute to society.

For men, I generally recommend wearing a collared shirt with slacks, a sports jacket, and a tie. For women, slacks, collared shirt, or a nice-looking dress.

How Early Should I Plan To Arrive At The Courthouse?

You should plan to arrive at the courthouse on time. There is no need to arrive early. If you are running a bit late to in-person court, most courts are very busy handling other cases, and it is not likely that you will be seen exactly on time. It is also common that I will be late to court, as sometimes we have courts scheduled at the same time. While in-person courts are unlikely to take a roll call, it is preferable to arrive at court on time.

If your court appearance operates remotely over Zoom, it’s always a good idea to sign in on time. You will be addressed by a clerk during your remote court session to ensure your attendance. Once you enter a virtual courtroom, you may not see me right away, as I will be moved to a separate breakout room to discuss the case with the prosecutor. On the day of your court appearance, I will keep in touch with you by phone to ensure that you are aware of exactly what’s going on, and we will make a point to touch base with the court.

Can I Bring Family Or Friends To My Trial For Support?

While it is not necessary, you are more than welcome to bring family members and friends to support you in court. While we are generally dealing with traffic offenses, sometimes family members are needed as fact or character witnesses. Occasionally, we may ask a family member or friend to watch a video and verify whether or not you appear sober. Since your family and friends have previous knowledge of you, they may serve as helpful character witnesses, depending on the details of your case. Ultimately, if it makes you feel more comfortable to bring family and friends for support, you may do so. If you would rather not inconvenience them, that okay, too.

How Should I Address The Judge During My Hearing?

Be polite and respectful when you address the judge. Realistically, you will mostly only speak with the judge to confirm basic information like your presence, your mailing address, your email address, or your phone number. If I’m running late, the judge may ask, “Where is your attorney?” Presumably by then, you and I will have spoken, and we’ll keep in touch with each other via phone. If the judge asks anything else, you can respond, “Judge, I am waiting for my attorney. I’ll let him talk to you about that.”

Should I Have A Statement Prepared?

This is typically not necessary, but that may be subject to change if aggravating factors are at play. This could mean that if someone was injured in an accident or there are concerns about rehabilitative efforts, these can be discussed in your statement. In New Jersey DWI cases, there is generally a very narrow range of penalties, meaning that it is typically best to simply submit without getting into personal details.

What Questions Might I Be Asked By The Judge During The Trial?

As the defendant, the judge should not be asking you any questions because of your Fifth Amendment constitutional right to remain silent. If the judge does ask you questions, I will be listening very carefully to ensure that no questions are inappropriate or prosecutorial. As your attorney, it is my role to remind the judge that their job is to consider evidence and make a ruling—not to serve as a prosecutor.

What Can I Do To Prepare To Speak At The Trial?

As far as speaking goes, you will want to ensure you are speaking clearly and concisely. It is important to know what you are planning to say ahead of time if you are required to speak. However, it is not common that there will be any need for you as a defendant to speak.

Still Have Questions? Ready To Get Started?

For more information on DUI In New Jersey, an initial consultation with Attorney John Menzel is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.