The Morris County DWI defense lawyers at the Tormey Law Firm LLC help clients beat drunk driving charges throughout Morris County. Our experienced lawyers have defended clients against DWI charges in Morristown, Parsippany, Roxbury, Denville, Mount Olive, and Dover.
Our firm’s DWI defense credentials include an attorney who has been certified on the Alcotest 7110 breath testing device, another attorney who is a certified field sobriety test instructor, and another attorney who is a former Morris County prosecutor. Additionally, the Tormey Law Firm utilizes a retired state trooper who is certified in both the Alcotest machine and field sobriety instruction. Our attorneys have vast experience and understand the nuances of DWI laws in New Jersey. We have handled thousands of DWI cases, so we know what it takes to win in the courtroom.
If you or a loved one has been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in Morris County or anywhere else in NJ, contact the Tormey Law Firm today for a free consultation about your case.
Boonton NJ DWI Charges Dismissed
Travis J. Tormey and Tom Ercolano of the Tormey Law Firm LLC recently defended a client who was facing a first offense DWI charge in Boonton, New Jersey. The client had also been charged with a DWI in a school zone offense. This meant that a conviction could have resulted in severe penalties, including driver’s license suspension for up to two years. In addition to being charged with drunk driving, the client was also cited for numerous traffic violations, such as reckless driving, speeding, and failure to keep right.
Once the client retained the services of the Tormey Law Firm, she was in good hands. Our skilled Morris County DWI defense attorneys requested discovery evidence from the Boonton Police Department. “Discovery” refers to all the evidence the State possesses and plans to use when proving the charges against the defendant. In most DWI cases, discovery evidence includes police reports, videos, and any documents related to the breath testing machine. Once the Tormey Law Firm DWI defense team got the discovery in this case, they were encouraged to see that the client’s breath reading on the Alcotest 7110 breath testing device was below the legal limit in New Jersey of .08 percent blood alcohol content (BAC). This meant that it was not a “per se” violation of the New Jersey DWI statute.
Despite the fact that our client did not register a BAC above the legal limit, the prosecutors were still in a position to pursue conviction based on police officer observations. In some DWI cases, prosecutors can seek a conviction when the arresting officer observed erratic driving and signs of intoxication like bloodshot eyes, an odor of alcohol, and admissions to drinking. It is also possible for a motorist to be arrested and charged with a DWI when they fail psychophysical tests known as field sobriety tests. These typically include the stand-on-one-leg test and the walk-the-straight-line test, which is more commonly known as the walk-and-turn test.
In the Boonton DWI case, our client was not able to perform the field sobriety tests due to medical reasons. She underwent surgery on both knees, including a full knee replacement on the right knee. Additionally, she underwent surgery on her back. As a result of these previous surgical procedures, the client could not perform field sobriety tests. Importantly, this failure to perform had nothing to do with intoxication.
Based on these evidential issues and serious proof problems for the State, the police officer and the prosecutor agreed to dismiss all charges, including the first offense DWI charge and the DWI in a school zone charge. This was a fantastic outcome for the client. Thanks to the Tormey Law Firm, she did not lose her driver’s license and did not get a DWI conviction on her permanent record.