In any case involving alleged driving while intoxicated (DWI) in a New Jersey municipal court, the state must prove the defendant’s guilt beyond a reasonable doubt. The New Jersey Rules of Evidence establish what kinds of evidence courts may consider, and what attorneys must do to get their evidence admitted. Testimony from various witnesses occurs in every trial. An important limitation on testimony during a trial is known as the “hearsay rule.” You may have heard this term if you watch any lawyer shows on television. What does the hearsay rule actually do, though? The following is an overview of the hearsay rule, and how it can help both sides in different ways in New Jersey DWI cases.
Evidence in New Jersey DWI Cases
New Jersey’s DWI statute allows prosecutors to prove that a defendant was impaired by alcohol or drugs in two ways. Both require testimony.
The state can have the arresting officer testify under oath about the defendant’s behavior or appearance at the time of their arrest. Perhaps, for example, the defendant was slurring their speech, or had bloodshot eyes.