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Can Text Messages Be Used as Evidence in a DUI Case?


— May 12, 2022

For example, the defendant might have texted a friend saying something like: “Dude, I’m way too wasted to drive.”


Technology has made it easier than ever to communicate, but sometimes this level of connectivity can cause various issues – particularly for those who are dealing with legal problems. Text messages are of course admissible as evidence in court, and certain messages can really come back to haunt drunk drivers. But while this is bad news for drunk drivers, text messages can be highly beneficial to prosecutors in a criminal case, or for plaintiffs in a civil case. But what does this mean for you?

If you’ve been injured in a drunk driving accident, you should get in touch with an attorney as soon as possible. But we know what you’re thinking: “Where can I find accident attorneys near me?” While this might be a common question among accident victims, it’s actually quite easy to answer: There are many Newark accident lawyers nearby, and many of these lawyers will be more than happy to take your case. Once you get in touch, these attorneys can help you gather a range of evidence that might help you case – including text messages. 

Text Messages Can Prove Negligence

If you are planning to sue a drunk driver for negligence in New Jersey, you first need to consider the fact that the Garden State follows a “no-fault” system when it comes to car accidents1. This means that there actually isn’t any need to prove negligence, as you can file a claim with your own mandated PIP insurance to recover a settlement for your injuries. 

On the other hand, there may be certain situations where your own PIP insurance is insufficient to cover the full extent of your injuries. In this situation – and only if your injury is deemed “serious” – you may be able to step outside the limitations of the no-fault system and sue the drunk driver directly. If this occurs, then you would need to prove that the driver’s negligence led directly to your crash.

Man passed out on lawn in daylight, empty bottle at his side; image by Thom Masat, via Unsplash.com.
Man passed out on lawn in daylight, empty bottle at his side; image by Thom Masat, via Unsplash.com.

At this point, your attorney may help you discover certain incriminating text messages or social media posts2. For example, the defendant might have texted a friend saying something like: “Dude, I’m way too wasted to drive.” Or they might say something like: “Wow, I can’t believe I just downed 12 shots of Vodka!” Social media posts can also be quite incriminating. For example, a photo might show the defendant in an obviously intoxicated state – and the photo might have been taken directly before they drove. 

Where Can I Find An Attorney?

If you’ve been searching for Newark DUI or DWI accident lawyers, rest assured that your search should be quite easy. All it takes is a quick phone call or email, and you can schedule your first consultation and get started with your personal injury lawsuit. From there, you can strive towards a fair, adequate settlement for your damages and ensure that negligent drivers experience real consequences for their reckless actions. Book your consultation today. 

Sources:

  1. https://wallethub.com/answers/ci/is-new-jersey-a-no-fault-state-2140699288/
  2. https://deciphertools.com/blog/documenting-text-messages-for-legal-evidence-or-court/

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