DWI BAC 0.11% Dismissed – No Loss of License

index-imgOur New Jersey DWI defense attorneys recently secured a dismissal for our client who was charged with DWI after getting in a car accident on Tonelle Ave. His car become immobilized after a front end collision and the air bag deployed and police pulled up to investigate. Upon interacting with the driver, Sheriff Officers detected an odor of alcohol on the defendant’s breath and subsequently arrested him under suspicion of drunk driving.

Our client was an active member of the military and could not afford a conviction for DWI because it could result in him being released from the military. First our lawyers filed and won a suppression motion after the Judge ruled that the Alcotest (breathalyzer) BAC reading could not be admitted into evidence based on a technicality that we had raised. This meant that the case would have to proceed strictly based on the officer’s observations and the defendant’s performance on the Standard Field Sobriety Tests (SFST’s).

Next, we had the Judge set the case for a trial to the put the State on notice to subpoena the officers and meet their burden of proof. On the day of trial we were able to successfully argue that the prosecutor could not prove the DWI beyond a reasonable doubt based on evidence and officer’s testimony. Based on our efforts, all charges against our client were dismissed in their entirety and he was able to walk out of court with no loss of license and no fines or fees due to the court.

If you or your loved one has been charged with DUI in New Jersey, contact our office today for a free consultation to learn more about how we can help you.

State v. N.M.

07 March, 2016 / by wproetta