Our Somerset County DWI attorneys recently defended a client charged with a second offense DWI in a local court in Somerset County. Our client had been pulled over after becoming lost on the roadway at night. The arresting officer administered standardized field sobriety tests to our client and then brought him back to the police station to administer the Alcotest machine which produced a 0.09% BAC. Normally a low reading such as that would only accompany a minimal loss of license but since our client had a received a prior DWI less than 10 years ago, he now faced a mandatory 2 year loss of license, 30 days community service and 2 – 90 days in jail. There is no plea bargaining allowed for DWI cases and the case was unable to be worked through pre-trial negotiations so it was eventually set for a 104 hearing to decide on the admissibility of evidence and then a subsequent trial. On the day of trial, we were able to convince the the police officer and prosecutor that they would have substantial problems proving the case based on various proof issues. After going back and forth, the State conceded that the evidence was not sufficient enough to move forward on the DWI charges and agreed to administratively dismissed the DWI. Our client ended up pleading guilty to a Reckless Driving and received a 6 month loss of license.
State v. J.R.