Articles
DUI/DWI: Beyond a Reasonable Doubt
by Kristen White BloggerIn order for a driver to be convicted of a DUI/DWI charge it is necessary that the prosecutor provide beyond a reasonable doubt that the driver operated a motor vehicle while under the influence of alcohol or a prohibited drug. This article will discuss the meaning and application of beyond a reasonable doubt in respect of a New Jersey DUI/DWI case.
By definition the phrase ‘beyond a reasonable doubt’ means “sufficient doubt on the part of the jurors for acquittal of a defendant based on a lack of evidence”. Beyond a reasonable doubt is “the standard that must be met by the prosecutor’s evidence in a criminal prosecution; that no other logical explanation can be derived from the facts except that the defendant committed the crime thereby overcoming the presumption that a person is innocent until proven guilty.” In the state of New Jersey, it is a requirement for the prosecutor to prove beyond reasonable doubt that a driver operated his or her motor vehicle while under the influence of alcohol or a prohibited drug. Such proof is provided as to the breath alcohol or blood alcohol or the per se charge and the overall physical case against the driver. Therefore, if the prosecutor is successful in proving either aspect of a DUI/DWI charge beyond a reasonable doubt, then the driver will be found guilty of the DUI/DWI charge.
It must be noted that beyond a reasonable doubt is subjective, this basically means that the proving of beyond a reasonable doubt means different things to different judges. If there exists reasonable doubt as to the driver’s guilt in the judge’s mind, then the charges are not proven sufficiently to result in a conviction. Even though the defendant has no burden of proof at all and does not have to show any proof as to whether or not he is innocent or guilty, realistically it has to be demonstrated that the evidence against the driver does not establish guilt beyond a reasonable doubt. Hence, the use of defenses that challenge the evidence put forth by the prosecution is in order to shake the case and provide reasonable doubt. With this in light, it necessitates the hiring of top DUI lawyers in NJ to evaluate all the information and evidence so as to be able to give the police officer, prosecutor and judge reasons to find the driver not guilty of the DUI/DWI charge.
It is important to note that where an attorney is able to establish reasonable doubt, this will result in the exclusion of evidence from the DUI/DWI charge. Such an exclusion ultimately alters the penalties associated with the charge. For example, on a first alleged offense if the breath or blood test is excluded from evidence but if the physical charge of DUI/DWI is proven then a first tier verdict results, with a three month suspension of driving privileges. However, if the physical case is also not proven then a not guilty verdict is made.
To ensure the best defenses in respect of DUI/DWI cases seek out an experienced New Jersey DWI lawyer.
By definition the phrase ‘beyond a reasonable doubt’ means “sufficient doubt on the part of the jurors for acquittal of a defendant based on a lack of evidence”. Beyond a reasonable doubt is “the standard that must be met by the prosecutor’s evidence in a criminal prosecution; that no other logical explanation can be derived from the facts except that the defendant committed the crime thereby overcoming the presumption that a person is innocent until proven guilty.” In the state of New Jersey, it is a requirement for the prosecutor to prove beyond reasonable doubt that a driver operated his or her motor vehicle while under the influence of alcohol or a prohibited drug. Such proof is provided as to the breath alcohol or blood alcohol or the per se charge and the overall physical case against the driver. Therefore, if the prosecutor is successful in proving either aspect of a DUI/DWI charge beyond a reasonable doubt, then the driver will be found guilty of the DUI/DWI charge.
It must be noted that beyond a reasonable doubt is subjective, this basically means that the proving of beyond a reasonable doubt means different things to different judges. If there exists reasonable doubt as to the driver’s guilt in the judge’s mind, then the charges are not proven sufficiently to result in a conviction. Even though the defendant has no burden of proof at all and does not have to show any proof as to whether or not he is innocent or guilty, realistically it has to be demonstrated that the evidence against the driver does not establish guilt beyond a reasonable doubt. Hence, the use of defenses that challenge the evidence put forth by the prosecution is in order to shake the case and provide reasonable doubt. With this in light, it necessitates the hiring of top DUI lawyers in NJ to evaluate all the information and evidence so as to be able to give the police officer, prosecutor and judge reasons to find the driver not guilty of the DUI/DWI charge.
It is important to note that where an attorney is able to establish reasonable doubt, this will result in the exclusion of evidence from the DUI/DWI charge. Such an exclusion ultimately alters the penalties associated with the charge. For example, on a first alleged offense if the breath or blood test is excluded from evidence but if the physical charge of DUI/DWI is proven then a first tier verdict results, with a three month suspension of driving privileges. However, if the physical case is also not proven then a not guilty verdict is made.
To ensure the best defenses in respect of DUI/DWI cases seek out an experienced New Jersey DWI lawyer.
Sponsor Ads
About Kristen White 
Blogger
285 connections, 0 recommendations, 1,021 honor points.Joined APSense since, August 19th, 2016, From Chicago, United States.
Created on Dec 8th 2017 06:44. Viewed 312 times.
Comments
No comment, be the first to comment.
