3rd Offense DWI & Refusal Dismissed – Avoids 20 Year Loss of License

index-imgOur DWI defense team recently defended a client who was charged with a third offense DWI & Refusal. Many people think that a third or subsequent DUI charge only happens to stone cold drunks but they are actually much more widespread. In this case our client had picked up 2 DWI convictions when he was in college and had lead a straight and narrow life after entering the corporate world since that time. However, on the way back from a business dinner he was pulled over by State Troopers on the New Jersey Turnpike for failing to maintain his lane and was subsequently arrested for suspicion of DWI when officers smelled alcohol on his brief. Once back at the station, he panicked when they asked him to take the Alcotest (breathalyzer) and was also charged with Refusal to Submit to a Breath Test. Although our client was adamant that he had learned his lesson years ago in college and was not in fact drunk, our attorneys still had the tall task of proving his innocence. The defense of a DWI and Refusal can be very difficult since a straight-up Refusal leaves very little to challenge based on the implied consent law in New Jersey and there is no solid proof that he was not intoxicated since he did not give a valid breath alcohol reading to show he hadn’t drank excessively.

This left our client in a very precarious position with an unsure future. However one thing was for sure – if convicted our client would lose his license for a mandatory 20 years and serve 6 months in county jail. With everything at stake for our client we pinpointed multiple issues with the State’s evidence and prepared the case for litigation. In the end, the case resulted in months of litigation and motions and was eventually dismissed completely at trial. Our client was able to walk out of the courtroom with no loss of license, zero in fines, and a new lease on life. If you or a loved one has been charged with a DUI in New Jersey and is interested in the assistance of an experienced DWI trial attorney, contact our office today at 877-450-8301 to learn more about how we may be able to help.

State v. N.P.

 

25 January, 2016 / by wproetta