TJT The Tormey Law Firm Criminal Defense Attorneys

Client Reviews

NJ DWI Charges Defeated

“I handle DWI cases regularly, all throughout NJ. I use several advance DWI defense strategies that can lead these cases to be dismissed, and thrown out of court entirely.”

DWI penalties in NJThe story below is just one of many DWI case victories. I strongly recommend that you take a look at my videos on advanced DWI defense strategy to learn more about how I can potentially beat your case.

I recently represented a client in December 2011 in Toms River Municipal Court located in Toms River, New Jersey. The defendant was charged with driving while intoxicated (DWI) with a breath test reading of .10% BAC. This was his second offense but, because his first offense occurred in the 1980’s, he was entitled to a “ten year step down” which means, if convicted of another DWI, he would be sentenced as a first offender. Based on the defendant’s reading, he was facing a license suspension of seven (7) months to one (1) year and another DWI offense on his record.

The circumstances of the alleged DWI offense were as follows: The defendant was stopped by an undercover police officer in Toms River who was conducting undercover drug surveillance on the passenger of the vehicle. The passenger was arrested based on this undercover surveillance and his case is pending at the Ocean County Prosecutor’s Office.

The police report also claimed that the defendant was speeding going 43 mph in a 30 mph zone but the officer failed to write the defendant a ticket for this violation and the State failed to provide any radar documentation relating to the alleged speeding offense. As a result, based on my review of the discovery package, the probable cause for the initial stop was clearly in question.

The State failed to provide any reports relating to the “undercover drug surveillance” including those reports related to the passenger’s arrest. Those reports are directly related to the legality of the initial traffic stop. The Municipal Court Judge in Toms River signed an Order to produce those reports and the State failed to provide same when the case was listed for trial.

As a result, based on the lack of probable cause for the initial stop and the failure to provide essential discovery to the defense, the State dismissed the drunk driving (DWI) charge and the defendant plead guilty to reckless driving with a ninety (90) day suspension of his license. This was an extremely positive result for the defendant and our law firm.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions