“Contact an Experienced Attorney Who Knows How to Fight DWI Charges in New Jersey.”
Travis J. Tormey recently defended a client against drunk driving charges in Wayne, NJ. Mr. Tormey appeared in Wayne Municipal Court and convinced the municipal court judge to suppress the client’s blood test results.
The client faced charges for driving while intoxicated (DWI) after he allegedly got into a DWI accident. Drunk driving is considered a serious offense in New Jersey. As set forth by N.J.S.A. 39:4-50, a drunk driving conviction carries severe penalties, even when it is a first-time offense. The potential DWI penalties for the client in this case included license suspension for 1 year, costly fines, mandatory alcohol education classes at the Intoxicated Driver Resource Center (IDRC), and installation of ignition interlock devices on all of the client’s vehicles after his license was eventually restored.
The client was charged with a DWI after being involved in a single-car crash. The client slammed into a guardrail and suffered significant injuries, including a deep cut over his left eye that required hospitalization and plastic surgery. The client’s injuries necessitated an immediate trip to the hospital and prevented him from performing field sobriety tests at the accident scene. In most DUI cases, police must get a warrant before they can seize the driver’s blood for drug and alcohol testing. However, in this case, Wayne NJ police officers drew the client’s blood without getting consent. Instead, police claimed that they obtained “verbal” consent from the driver, who was so disoriented from his head injuries that he could not possibly have offered actual consent to anything. Moreover, Wayne police officers did not inform the client of his legal right to refuse blood testing at the hospital.
Mr. Tormey went to Wayne Municipal Court and filed a motion to suppress the client’s blood test results in the case. Mr. Tormey told the judge that police illegally obtained the driver’s blood results because they lacked a warrant. Additionally, Mr. Tormey argued that prosecutors could not rely on the consent exception to the warrant requirement because the client’s head injuries rendered him incapable of granting consent. The municipal court judge agreed with Mr. Tormey and granted the motion to suppress the blood results. The case was subsequently dismissed by the prosecution. This outcome was extremely positive for the client and a huge success for the Tormey Law Firm.