“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. Here is a case I handled in Morristown court where I was able to get the DWI ticket dismissed.”
Fight a DWI Arrest in Morristown with Travis J. Tormey
DWI Arrest Morristown NJ
The 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. For any other questions about DWI charges in New Jersey, click here.
In another recent case in Morristown Municipal Court, the firm represented a client charged with a first offense DWI with a .09% Blood Alcohol Content (BAC). Based on this reading, the client was facing a three-month driver’s license suspension as well as a DWI surcharge through the Department of Motor Vehicles of $1,000.00 a year for three (3) years. In addition, he would have to take alcohol classes at the DMV, pay a fine to the court, and up to 30 days in the Morris County jail. Finally, his insurance rates and surcharges would go through the roof.
After reviewing the discovery, Travis identified several issues with the State’s case. First, the probable cause for the stop was questionable. The defendant was stopped for failure to observe signal for allegedly running a red light on the green in the center of Morristown. However, when the firm investigated the scene of the alleged violation, it became clear that the signage and the “no turn on red” sign is on the left side of the street and there are no signs either above the light or on the right side of the road.
As a result, if you are in the right lane and there are cars in the left lane, it would be impossible to see the one sign that prohibits a right turn on red.
Moreover, there was a twenty-minute observation issue as well as proof issues with the field sobriety tests that the defendant performed at the scene of the stop. According to New Jersey law, a police officer must observe the driver for 20 minutes uninterrupted (known as the 20 minute observation period) to ensure that there is no alcohol in the driver’s month when the breath testing is being conducted. For example, if a driver burps, vomits, eats something, smokes a cigarette, etc. then this could effect the breath testing results and give the breath machine a false reading. If this 20 minute period is interrupted or not properly conducted, then the breath results are unreliable and should be thrown out in court.
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Based on these proof issues, the State agreed to suppress the .09% BAC reading and dismiss the DWI charge in exchange for the defendant’s plea of guilty to a failure to observe signal ticket with a ninety (90) day driver’s license suspension. Our client was extremely satisfied with this result which allowed him to avoid a DWI charge on his record.
