The Prosecutor’s Role in a Drunk-Driving Case

Prosecution refers to the government’s role in the criminal-justice system. It is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government’s case against a defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states’ attorneys. The prosecutor is the opponent or “adversary” of the defendant and his or her attorney.

Because these public attorneys focus their energies on prosecuting cases, they are generally experienced. Therefore it is extremely important for a drunk-driving defendant to consult an experienced DWI Defense Attorney. If you are concerned about preserving your rights as a defendant and want to strike a fair balance in court, you should strongly consider a skilled DWI Defense Attorney.

Prosecutors Decide Whether to Pursue Drunk-Driving Cases in Court

A prosecutor becomes involved in a drunk-driving case through a summons from the police who have investigated, arrested, searched and processed an alleged offender. In making the decision whether to go forward with a case, the prosecutor usually considers three things: whether the case is legally sound, whether it can be proved and the relevant policy considerations.  The prosecutor may exercise his or her prosecutorial discretion by deciding not to go forward with a case.

The prosecutor must be assured that there is enough reliable evidence to prove the drunk-driving charge before he or she will bring the case to trial. For example, if the Alcotest® or Breathalyzer® machine malfunctioned or the test results were otherwise compromised, the prosecutor may decide to dismiss the case because crucial evidence would be missing or substantially weakened.

Policy considerations are always part of the decision to prosecute a particular defendant, because the prosecutor’s job is to serve justice in the public interest, not only to win every possible case.

Prosecutors Represent the Government-the City, County or State-in Drunk-Driving Cases

The filing of a complaint or other official document by the prosecutor officially starts the drunk-driving court case. The prosecutor appears at the defendant’s initial hearing before a judge to represent the government with regard to pretrial issues.  At trial, the prosecutor is allowed to go first and presents the government’s case against the defendant. The government must prove each element of the drunk-driving charge beyond a reasonable doubt, based on relevant, credible evidence elicited through the testimony of competent witnesses. In drunk-driving cases, the arresting officer is generally one of the key witnesses for the prosecution.  Jury trials are not available in New Jersey drunk-driving cases. The prosecutor may also be called on to defend the government’s sentencing recommendation, if there is a dispute over the appropriate sentence to be imposed.

Conclusion

Prosecutors have a lot of power and influence in drunk-driving cases. They take the case from the police and decide whether to pursue it in court; they represent the government in court and pursue a conviction; and they may recommend a particular sentence, if the defendant is found guilty.  Accordingly, if you have been charged with drunk driving, it is very important that your lawyer is smart and experienced. Contact a knowledgeable drunk driving defense attorney now.

Criminal Law FAQ