Franklin Lakes, NJ Drunk Driving Defense Lawyers Help You Beat DWI Charges
Travis J. Tormey and Alissa Hascup of the Tormey Law Firm, LLC recently defended a client who was charged with a third offense DWI in the Franklin Lakes Municipal Court. As governed by N.J.S.A. 39:4-50, DWI charges carry significant penalties. This is especially true of a third offense DWI charge, which subjects an offender to, among other things, a 10-year license suspension and a mandatory term of imprisonment of six months in the Bergen County Jail.
The client was initially represented by a Public Defender, with whom the client was not satisfied. The Public Defender recommended that the client accept the 10-year license suspension and serve six months in the county jail. The client knew that he needed experienced DWI lawyers to help him avoid these serious penalties, so he made a phone call and retained the Tormey Law Firm, LLC to represent him and to take the case to trial if necessary.
Our client was involved in a serious accident, which gave rise to the DWI charge. Fortunately, no one but the client was injured in the accident. He was knocked unconscious, resulting in him being transported to the hospital for treatment. Additionally, his blood was drawn. Inexplicably, the police officer on the scene claimed that our client “consented” to having his blood taken. However, this did not seem likely since our client’s physical condition rendered him unable to sign the consent-to-search form. Despite this fact, our client’s blood was taken and his blood alcohol content registered as 0.36 percent BAC (blood alcohol content), more than four times the legal limit in New Jersey.
We filed a motion to suppress the blood evidence because the blood was illegally taken without a warrant and without a valid exception to the warrant requirement. The prosecution argued that the blood was taken without a warrant based on the “consent” exception and that our client consented to having his blood drawn. However, the judge agreed with us that this was not valid consent based on our client’s medical condition at the time and his inability to sign the consent form.
Without being able to use the blood evidence, the prosecution’s case fell apart. Additionally, since no field sobriety tests were conducted due to our client’s condition, the prosecution was unable to proceed with the DWI charges. We agreed to accept a plea of reckless driving, resulting in a one-year license suspension and dismissal of the DWI charge. Thanks to the efforts of the experienced DWI attorneys at the Tormey Law Firm, LLC, our client was able to avoid having his license suspended for a decade. Most importantly, our client was able to avoid jail time.
If you’ve been accused of drunk driving in New Jersey, contact Morristown NJ criminal defense attorney Alissa D. Hascup for a free consultation about your case.