EXPERTS
An expert must review the blood test, the alcotest or breathalyzer documentation and instrumentation. The field sobriety tests such as one leg stand and heel to toe walk require compliance with Standardized Field Sobriety Testing procedures set forth by the National Highway Safety Traffic Administration. Drug Recognition and Enforcement requires specific training.
Evaluation of procedures utilized by the police is the subject of expert testimony pursuant to the New Jersey Court Rules of Evidence. I am very familiar with the procedures, having read the applicable manuals and having discussed requirements with experts on numerous occasions. However, the Court Rules require an expert to testify on these specific areas as they are not common knowledge, they require specific training and knowledge. They will review the State’s evidence, with me, and prepare a report regarding deficiencies in the State’s case against you. We can use that to obtain a dismissal of evidence or to work a plea agreement with the prosecution. If you decide to go to trial, the expert will attend, listen to the testimony of the police personnel involved in administering tests and my cross examination and testify as to problems in the investigation. If the police fail to prove compliance with procedures and protocols, the State could fail to prove it’s case against you.
When you get a quote for legal services be sure to check this point. In many legal cases, an expert has a role. If a lawyer has not discussed with you the role experts could play in your Case do not hire that attorney. You do not want to incur unexpected costs later.
The experts I utilize are highly qualified and regarded. They will complete an initial evaluation of your case for a reasonable fee. They will review the facts and advise as to their ability to assist us at trial. If they can’t help they will tell me early on. If they feel they can assist you in defense of the case, they will first prepare an expert defense report. Finally, if required, they can appear at trial. You don’t pay for a trial appearance when the expert reviews the discovery. We are aware of the costs to you, and we pace our investigation, and the need to hire experts, as required by each specific case. In many cases an expert is not required.