Travis J. Tormey and the Tormey Law Firm recently represented a client accused of drunk driving in New Jersey.
Our client was charged with committing a DWI in violation of N.J.S.A. 39:4-50. Worse yet, since our client had a prior DWI offense within the previous 10 years, the charge was elevated to a second offense DWI.
The penalties for committing a second offense DWI in the State of New Jersey are severe. A conviction can result in a sentence of 90 days in county jail, a 2-year suspension of driving privileges throughout the state, and a requirement to install ignition interlock devices on all vehicles for 1–3 years after the offender’s license is restored. Our client could not afford a DWI conviction in this case.
Mr. Tormey began his defense by obtaining the discovery evidence in the case. Mr. Tormey examined the evidence and was able to isolate several issues related to the Alcotest machine used to test our client’s blood alcohol concentration (BAC) on the night of the arrest. Our client had registered a BAC over the legal limit of .08 percent; however, it was barely above the limit. Mr. Tormey argued that since our client suffered from asthma and often needed to use an alcohol inhaler, the breath test results might have been inaccurate. As a result of Mr. Tormey’s efforts, the prosecutor suppressed the breath test reading.
Mr. Tormey then turned to the field sobriety tests that were performed by our client on the night of the arrest. These tests normally include a walk-and-turn test and a one-leg-stand test. Mr. Tormey challenged the field sobriety test results by noting that our client had recently undergone major back surgery. Since our client was physically unable to perform the field sobriety tests, Mr. Tormey argued, the tests should not be used as evidence against him.
Thanks to Mr. Tormey’s strong defense, the prosecutor agreed to dismiss the second offense DWI charge. Our client was allowed to plead guilty to a minor traffic summons; the DWI charge went away entirely. This case was a major victory for Travis J. Tormey and for the Tormey Law Firm.
If you are facing DWI or DUI charges in New Jersey, contact Morristown NJ criminal defense attorney Travis J. Tormey for a free consultation about your case.