Getting Your DUI/DWI Dismissed When the State Denies Discovery

Filing a Holup Motion When the State Drags Its Feet

When you’ve been detained and charged with driving under the influence (DUI) or driving while intoxicated (DWI) in New Jersey, you can expect that your lawyer will conduct a thorough investigation of the facts and circumstances of your arrest, looking to confirm that there was probable cause to make the traffic stop, as well as to detain and arrest you. As a part of that process, your attorney will engage in what is commonly referred to as ‘discovery,” a process that provides your attorney with access to all evidence the state intends to use at trial, which might include:

• Photographs or images
• Video, dash-cam or other recordings
• Sound recordings related to the incident
• Statements you allegedly made or that were made by witnesses
• The police report
• The results of any physical or mental exams, or of scientific tests, such as breathalyzer samples

Your attorney needs, and will have a right to, all the above evidence. Unfortunately, prosecutors often engage in unnecessary delays when it comes to allowing discovery. In New Jersey, that approach can backfire.

What Is a Holup Order?

In New Jersey, when a prosecutor engages in unreasonable or unnecessary delays in providing discovery, or simply denies discovery, a defendant in a DUI/DWI prosecution can file a motion with the court. A Holup Motion (so called from the court opinion in the case State v. Holup, which established the rule in 1992), is designed to put the prosecution on notice that they must allow discovery in a timely manner. The motion will include a written request for discovery. Once the motion is filed, the judge has sole discretion to dismiss the case if the state fails to provide discovery.

Contact Attorney Howard N. Sobel

At the office of Howard N. Sobel, we aggressively advocate for people in New Jersey who are charged with drinking and driving or driving while impaired. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.

Named a New Jersey SuperLawyer Every Year 2010–2024