Our DUI defense attorneys recently represented a client who was charged with a DWI and Refusal in Middlesex County after State Police allegedly found her on the shoulder of the Garden State Parkway heavily intoxicated. Based on both charges, our client would receive a mandatory suspension of upwards of 15 months and be required to install an ignition interlock device in her vehicle if she was found guilty. Refusal and DUI cases are some of the hardest offenses to win in Municipal Court because there is absolutely no plea bargaining allowed. In order to secure a downgrade or dismissal of a DWI or Refusal to Submit, you have to aggressively attack the State’s case against you. And that’s exactly what we did – by challenging the State’s ability to establish operation of the motor vehicle and by identifying crucial discovery issues. After several court appearances, we successfully argued for the Judge to sign an order mandating that the State provide missing discovery and comply within a reasonable amount of time. In the end, our DUI attorneys made a motion to dismiss all the charges because of the State failed to comply with the discovery demands and the Judge granted our motion by dismissing all charges against our client – including the DWI, Refusal and Reckless Driving. This allowed our client to walk out of court without ever losing her license and without paying any fines.
State v. S.C.