Our attorneys recently defended a client who was charged with a First Offense DWI and Refusal to Submit in Essex County, New Jersey. She was arrested after crashing her car into a telephone pole. The police showed up to investigate the accident and immediately detected a strong odor of alcohol coming from her breath. Once arrested she was brought to the police station to give a breath sample in the Alcotest Machine. However, our client refused to give a breath sample so she was given an additional charge for the Refusal which carries an additional 7 – 12 month loss of license on top of the DWI which carries a 3 month loss.
Our client was a postal worker and was actually out celebrating her new job when the accident occurred. She was adamant that she could not get convicted of either the DWI or Refusal and could not lose her license for any time because she would lose her job as a mailman. Our New Jersey DUI defense attorneys filed several motions to suppress evidence and dismiss the charges based on lack of prosecution and substantive issues regarding the police officer’s procedure for the Refusal charge. After months of litigation, the case was eventually set for trial. On the day of trial, we argued a motion to dismiss our client’s charges and the Judge ruled in our favor. In the end, our client was able to walk out of court without any loss of license whatsoever and no payment of fines. If you or your loved has been charged for a DWI or Refusal in New Jersey, contact our office today to speak with an experienced DUI defense attorney during a free consultation to learn more about how we may be able to assist in your defense.
State v. T.B. decided March 3, 2016