The Tormey Law Firm recently represented a client accused of driving under the influence of drugs (DUI) in Rockaway Township, New Jersey.
Since this was considered the client’s first DWI offense, he was facing the following penalties: up to 30 days in the county jail; driver’s license suspension for 3 months to 1 year; a fine of $800; and 12–48 hours of mandatory alcohol education classes at the Intoxicated Driver Resource Center (IDRC).
The facts of the case were as follows: New Jersey State Police responded to a call for motorist aid on the side of Interstate 80 in Rockaway Township. When police officers arrived at the scene, our client was found in his car. He was slumped over the steering wheel. When police checked on our client, he was sweating profusely, suffering from shallow breathing, and unresponsive to the troopers’ attempts to speak with him. After the driver received medical assistance, he was able to have a conversation with the trooper. However, he was still incoherent.
Our client was transported to a local hospital for further medical treatment. Remarkably, our client allegedly consented to have blood samples taken for testing – even though was in an incoherent state. This blood testing was used to determine whether our client was under the influence of drugs and/or alcohol. The lab report indicated that our client’s blood alcohol concentration (BAC) was .00 percent. However, the lab reported also indicated the presence of “other drugs.” These drugs were not identified on the report.
Our client was charged with driving while intoxicated (DWI) as a result of his alleged drug use.
The Tormey Law Firm immediately got to work defending the client against these charges. We argued that our client was in no condition to “consent” to a blood draw in the first place. The State should have obtained a warrant to draw blood for the purposes of a criminal prosecution. We also argued that the report was vague because it did not specify exactly which drugs were allegedly in our client’s bloodstream.
Based on the issues with the “consent” search and the unidentified drugs, we were able to get the DUI charge dismissed.
Thanks to the efforts of Travis J. Tormey and the Tormey Law Firm, our client was able to avoid DWI penalties. This was a great result for the client and a major victory for the Tormey Law Firm.