Common Defense Attorney Errors
In recent years, there has been a jump in attorneys claiming to do DWI defense. Although it is normal for an attorney to add a new area to his or her law practice, I feel that it should be done once that attorney fully understands all aspects of that new area of law. It is easy for an attorney to advertise the words "DWI Attorney," but it is another thing to process the skill and knowledge to successfully defend a DWI case.
Below is a list of defense errors that I have seen just in the last year:
1. Meeting a client for the first time at court.
2. Failing to review the Discovery with any meaningful detail.
3. Having the Client enter a Plea simply to avoid a trial even though there are holes in the State's case. (Lately, I have seen this more that I should.)
4. Not filing a Suppression Motion based on the automobile stop.
5. Not seeking an Expert to review the Discovery.
6. Irritating a Prosecutor.
7. Missing parts of the Discovery and not knowing it.
8. Not seeking alternative sources for Discovery that may be relevant,
such as surveillance videos and third party audio.
9. Failing to obtain a booking room video if it exists.
10. Failing to investigate a potential Laurick issue in an expedited manner.
11. Failing to know all the law surrounding DWI in New Jersey.
12. Failing to review the Police report simultaneously with the Police dash video.
13. Failing to review the Police dash videos in their entirety.
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