Reader’s Question:

Hi, I’m here in Clifton, New Jersey and there are so many things that I want to know about the justice system, especially in DWI cases. In a DWI case in New Jersey, what is the State’s burden of proof?

Chuck
Clifton, NJ

If you will be charged with DWI in Clifton, New Jersey, the State must prove your guilt “beyond reasonable doubt,” and that is the highest burden of proof in the justice system. The lowest burden of proof in a DWI case would be the probable cause. This is just like receiving a ticket that you disagree with (as opposed to not just liking the fact that you received a ticket). This level of proof means that you have a 50-50 chance that you violated the law, but is all the officer need to arrest you.

The highest burden of proof would be proving your guilt Beyond a Reasonable Doubt. One’s freedom is on the line and the judge should have a lot of evidence that you were really driving while intoxicated before they could find you guilty. This may seem simple, but it’s extremely convincing manner of making a jury understand just how much evidence is required before they could convict a person, thus branding them a criminal for the rest of their lives.

Tags: DWI, DWI lawyer, DWI trial