Refusal and DWI Dismissed in Saddle Brook, New Jersey

One of the our clients was recently charged with driving while intoxicated (DWI) and refusal to give samples of his breath for testing in Saddle Brook, New Jersey. At 53 years old, our client had never been charged with DWI or Refusal before and did not have any sort of history with law enforcement. Our DWI defense lawyers will always fight to get the best possible results in these cases. Our client was facing serious penalties including losing his driver’s license for a year, up to 30 days in jail, mandatory alcohol classes at the DMV, a blowing device installed on his vehicle for six months to one year, and mandatory $3,000 in DMV surcharges.

Our firm determined that our client had several medical issues that affected his ability to perform the Standardized Field Sobriety Tests that the officer asked him to perform. As a result of these medical impairments, our client could not walk in a straight line or maintain his balance well enough to pass those tests. Since he could not perform the tests properly, they were not reliable enough for the prosecutor to prove that our client was impaired when operating his motor vehicle. One of our attorneys, Christopher Perry, is a certified instructor on field sobriety testing and takes the same classes that the police officers take when learning how to instruct, implement, and grade these tests. This allows him to attack and analyze the field sobriety tests in each and every DWI case handled by the Tormey Law Firm.

In addition, we were able to obtain medical records from our client’s doctors that showed he was unable to sufficiently blow enough air to obtain a valid reading from the Alcotest machine. Since the Refusal charge was based on our client’s not having blown enough air through the machine, we were able to show that our client’s refusal was not voluntary, and that he did not actually refuse to take the test. He was physically unable to provide breath samples on the Alcotest 7110 breath testing device.

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As a result of the extended negotiations with the prosecutor, we were able to convince the State to dismiss both of those tickets, leaving our client facing one minor ticket which was easily dealt with. This outcome was another great success for our client and for the Tormey Law Firm.