2007 DWI & DUI Results

2007: Municipal Court – Client found asleep behind wheel of car in Dunkin Donuts with bottle of Tequila ¾ empty in front seat. Client failed psycho-physical tests and was given breathalyzer with result of .17%. A bag of marijuana was found in his pants pocket. Client was charged with DWI (39:4-50), Open Container of Alcohol (39:4-51A), Possession of CDS in a Motor Vehicle (39:4-49.1 – a two year driver’s license suspension), and a criminal charge of possession of Marijuana (3C:35-10a4). If convicted client faced a loss of driving privileges of 2 ½ years to 5 years.

Result: Attorney argued that State was unable to prove Defendant’s Operation of the vehicle and the DWI charge was dismissed. A plea was entered into whereby defendant pled guilty to Open Container of Alcohol and was fined $206 and the charge of Possession of CDS in a Motor Vehicle was dismissed. A Conditional Discharge was granted on the Marijuana Possession charge and the client was fined $833. No License Suspension and No Criminal Record.

2007: Municipal Court – Client stopped for headlight violation smelled of alcohol and failed roadside psycho-physical tests. Alcotest result was .07% BAC which is below legal limit.

Result: Attorney obtained dismissal of DWI (39:4-50) and pled guilty to a No Point violation of Unsafe Operation (39:4-97.2). Client was fined $389 and given a 15 day license suspension.

2007: Municipal Court – Client was 69 year old man stopped while coming home from dinner with wife. Breathalyzer administered at station had .12% BAC reading (legal limit is .08%). Client performed poorly on psycho-physical testing and was facing license suspension of between 7 and 12 months on DWI charge (39:4-50) and 5 points on Reckless Driving (39:4-96).

Result: Attorney hired expert who prepared report indicating that testing was done using Breathalyzer Ampoules manufactured in Canada in which the assay report failed to completely provide the chemical composition rendering the Breathalyzer test inadmissible. Prosecutor agreed to amend the charge to a lower tier DWI (based solely upon the psycho-physical tests) and client was fined $256 plus other monetary penalties with only a 3 month suspension of driver’s license. Reckless Driving charge was dismissed.

2007: Municipal Court – Client pulled over for erratic driving. Officer smelled burnt marijuana and observed that client had glassy eyes and failed field sobriety tests. Breathalyzer at station showed no alcohol but urine sample was taken. Client charged with Driving While Intoxicated (39:4-50), Reckless Driving (39:4-96), Unsafe Lane Change (39:4-88b), Maintenance of Lamps (39:3-66) and Criminal Charger of Being Under the Influence of a Controlled Dangerous Substance (2C:35-10(b)(2)).

Result: Police failed to produce results of urine sample or Drug Recognition Expert (DRE) report despite repeated demands from attorney. Attorney obtained dismissal of DWI and Dismissal of the Criminal Charge. Client pled guilty to Reckless Driving and was fined $500 and had his license suspended for 45 days. All other motor vehicle charges were dismissed.

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