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Testify at New Jersey DWI Trial

You have a constitutional right to testify in your DWI trial. You also have the right not to do so. After you and your New Jersey DWI lawyer consider all facets of your case, together with its strengths and weaknesses, the decision is ultimately yours.

It is useful to use the analogy of a basketball game in analyzing your case. In such a game, both sides inevitably score points. The ultimate victory goes to the team that scores highest. In a New Jersey DWI trial, both the defense and prosecution will score points. Your case, in other words, has strengths and weaknesses that can help either side.

The basketball analogy will help you determine whether to testify. If your case can score enough points to win without your testimony, it is better not to take the stand. If your DWI lawyer cannot score enough points on cross-examination of state witnesses to win your case, then you need to ask yourself if, by taking the stand, you can help your case. You place yourself in a vulnerable position by doing so, for regardless of how well you answer questions posed by your own lawyer, the state’s cross-examination of you can be very damaging.

If you do take the stand, the judge will expect you to say you were not driving while intoxicated. If you cannot convince the judge of this, then your testimony will not help your case. If, however, you are able to convince the judge, you may save your case. By thoroughly analyzing your case with your New Jersey DWI lawyer you should be able to determine whether taking the stand is advisable.