DWI & DUI Results

New Jersey DUI Lawyer Randolph Wolf
Results of Previous DWI Cases (2012)

2012 – DMV: Client had received DWI in 1992 and then moved out of state without completing the IDRC program. He had tried and failed on his own to get his driving privileges restored in New Jersey because New York would no longer renew his driver’s license as he was suspended on the National Registry. The attorney convinced the NJ Intoxicated Drivers Resource Center to accept a program he completed in New York and individual counseling sessions as satisfaction of the Certified Education Program for DUI offenders.

Result: Driving privileges were reinstated because the client was able to show that the program he used was acceptable in meeting requirements of the State of New Jersey.

2012 – Municipal Court: Client was pulled over for going 90m.p.h. in a 65m.p.h. zone and after failing psychophysical tests at the scene was charged with 39:4-96 Reckless Driving, 39:3-75 Tinted Windows, and 39:4-50 Driving While Intoxicated. An Alcotest was administered resulting in a .10% Blood Alcohol Content (“BAC”) which would result in a license suspension of between 7 and 12 months.

Result: The Attorney requested repair records for the Alcotest machine used to test the client. The Prosecutor failed to produce them and the Court granted the Attorney’s application to bar the admission of the breath test result. The client pled guilty to a lower tier DWI (.08% reading) and the client received only a 3 month suspension. The court dismissed 39:4-96 and 39:3-75.

2012: Municipal Court – Police pulled client over for motor vehicle violations. The officer believed the client to be under the influence of drugs or alcohol and took him into custody. Client was administered a breath test and a urine sample was collected. A Drug Recognition Expert (DRE) examination was conducted by a police officer. Client was charged with a criminal violation of 2C:35-10(a)(4) Possession of under 50 grams of marijuana (punishable by a fine of up to $1,000 and six months in jail), 39:4-50 Driving Under the Influence, 39:4-49.1 Operating a Vehicle with Drugs in Possession (a mandatory 2 year license suspension), 39:3-10 Failure to Produce Driver’s License, 39:3-29 Failure to Produce Proof of Registration, and 39:4-88b Failure to Maintain Lane.

Result: While in custody the client was administered an alcotest and with a .05% BAC, which is under the .08 legal limit in New Jersey. The urine test came back positive for THC (marijuana) and the DRE report indicated that the client was under the influence of marijuana. The attorney engaged an independent Drug Recognition Expert who wrote a report indicating that the lab result could not show the level of THC and could not determine whether the defendant had smoked immediately before driving or several days beforehand. In fact, the absence of the metabolite Hydroxy THC from the clients urine sample indicated that the marijuana had been smoked more than six hours previously. He also disagreed with the findings of the Drug Recognition Expert. Based upon this report, the court found the client Not Guilty of the DWI under 39:4-50. It further dismissed the 39:4-49.1, 39:3-10, and 39:3-29. The charge of 39:4-88b was amended to 39:4-96 Reckless Driving and the client pled guilty and was sentenced to $300 in fines and a 90-day license suspension. A conditional discharge was granted on the possession of marijuana under 2C:35-10(a)(4) and the client was not found guilty of any criminal charges.

2012: Municipal Court – Police were dispatched to the scene of an accident where the driver struck a retaining wall. The client badly failed the field sobriety tests. At the scene of the accident the responding officer found tire tracks on the lawns of at least two properties. When brought to the station the client was given an Alcotest but failed to properly give a sample. He was charged with 39:4-50 Driving Under the Influence, 39:4-96 Reckless Driving, 39:4-50.4 Refusal to Submit to Breathalyzer, 39:4-129d Leaving the Scene of an Accident, 39:4-130 Failure to Report an Accident (which carries with it a six month license suspension), and 39:4-88b Failure to Maintain Lane.

Result: The court dismissed 39:4-129 and 39:4-88b. The attorney obtained a directed verdict of Not Guilty for the 39:4-50 Driving Under the Influence on the grounds that without a breath test there was insufficient evidence to prove that the client was intoxicated. The client pled guilty to 39:4-130 Failure to Report an Accident and 39:4-50.4 Refusal. He received a 7 month license suspension and $600 in fines. The attorney successfully argued that even though it was a Refusal conviction, no interlock device should be ordered as the Standard Warnings read by the police officer did not properly advise of the interlock penalty for a Refusal.

2012: Municipal Court – Police were called to the scene of an accident where a car driven by the client had gone off the road and stuck a parked vehicle. Client told the police that he had been cut off by an unknown vehicle and had swerved to avoid it. The police officer did not smell an odor of alcohol and indicated he was coherent and speaking clearly. The client was injured and transported to the hospital. The police then received a phone call from medical personal indicating that they smelled alcohol on the client’s breath. Client admitted in hospital that he had two beers two hours before. Blood drawn for the purposes of medical treatment showed a .14% BAC. Client consented to a blood test by the police officer. Client charged with Driving While Intoxicated 39:4-50 (a second offense) and Reckless Driving 39:4-96.

Result: Attorney filed a Motion to Suppress the Blood Test Results for Failure to Have Probable Cause to Request the Test and Failure to Provide Proper Foundational Documents for Admissibility. Attorney argued that based upon the fact that the client did not demonstrate any signs of intoxication and did not smell of alcohol to the police officers they did not have probable cause to request him to take the test. Attorney further argued that the police officers improperly considered the results of the hospital blood test as its disclosure by the medical staff violated Federal HIPPA Regulations and that could not be used to establish probable cause. The Court found the client Not Guilty of the DWI and a guilty finding was entered on the Reckless Driving with a $256 fine and a 75 day license suspension.

See more results from 2011 – click here
See more results from 2010 – click here
See more results from 2009 – click here
See more results from 2008 – click here
See more results from 2007 – click here
See more results from 2006 and earlier – click here

*While all of these results were actually obtained by Randolph H. Wolf in the Municipal Courts and Superior Courts of the State of New Jersey, the success in these cases does not guarantee a similar success in any future case. Clients names have been removed to protect their privacy. Due to the delay in posting these cases to this web site some cases may actually have taken place in the year before their posting date as it appears above.