DWI & Eluding Charges Issued for Trenton Resident
According to the reports, a Trenton police officer initially attempted to pull over a motor vehicle late Friday night for a suspended registration. The driver, a twenty-eight year old male, initially pulled over but once the officer exited their vehicle, the driver floored it. The driver then took the police on a wild chase through the City but when they approached the 300 Block, the car suddenly stopped and both the driver and passenger fled on foot. The police initially began chasing what turned out to be the passenger but lost him after he was able to successfully make it over several fences. During the chase, the officers uncovered several baggies of marijuana as well as various drug paraphernalia items which they believe the passenger discarded during the chase.
After gathering the discarded evidence, the officers returned to the vehicle and that is when the driver reappeared. The driver was arrested and formally charged with driving while intoxicated, eluding as well as a slew of motor vehicle violations as well. It is unclear at this point in time how but the passenger was located and placed under arrest as well.
Based on the facts as they have been reported, it could be difficult for the prosecution to prove that the driver was operating the motor vehicle under the influence. Since the driver was able to flee the scene, it could call into question whether the driver was actually intoxicated while driving or whether he had consumed the alcohol after fleeing the scene. The time that had elapsed between the fleeing and when the driver reappeared could play pivotal role in the case. For more information on operation and what must the prosecution must prove beyond a reasonable doubt in order to obtain a conviction, please checkout our Mercer County DUI practice area.
What Court will Preside Over my Eluding & DWI Charges?
Pursuant to NJSA 2C:29-2, eluding is considered either a second or third degree indictable offense. Therefore, these charges must be litigated in the Superior Court in the County where the incident occurred. So, in the case above, the eluding charge will be transferred to the Mercer County Superior Court, which is also located in Trenton and will be prosecuted by the Mercer County Prosecutor’s Office. Conversely, pursuant to NJSA 39:4-50, driving while intoxicated offenses are considered traffic in nature and will be prosecuted in the local municipal court in the municipality where the incident occurred. However, when a Defendant is charged with an indictable offense as well as a traffic offense, like in the case addressed above, all of the charges must be transferred to the Superior Court for disposition. So, all of the driver’s charges will be transferred to the Mercer County Superior Court for disposition. The defendant’s first appearance will be at his Central Judicial Processing Hearing and he will then be scheduled for a Pre-Indictment Conference. For more information on these hearings, including what happens, please click the links.
Trenton NJ Eluding Defense Lawyers
Keith Oliver Criminal Law defends those accused of serious criminal felony offenses like terroristic threats, eluding, burglary, unlawful possession of a weapon as well as traffic offenses like driving under the influence and speeding in courts throughout Mercer County. If you have unfortunately found yourself facing a criminal or traffic charge in Mercer County, we can help. Our office serves all of the County including towns like West Windsor, East Windsor, Trenton, Lawrenceville, Ewing, Robbinsville, Princeton and Hightstown. To schedule a free initial consultation today, then please contact our Hamilton office at 609-789-0779.
For more information on this incident, please checkout the Trentonian’s news article labeled, DWI chase.