Travis J. Tormey and the Tormey Law Firm recently defended a client against charges of driving while intoxicated (DWI). The case was heard in the Parsippany Municipal Court, which is located in Parsippany, NJ. The exact charge was a first offense DWI because our client did not have any previous drunk driving convictions in New Jersey. The client was accused of driving with a blood alcohol concentration (BAC) greater than .08 percent. This meant that the client faced severe penalties, including: up to 30 days in county jail, suspension of driver’s license for 3 months, a fine, mandatory attendance at the Intoxicated Driver Resource Center (IDRC), and $3,000 in DMV surcharges.
The case took 8 months, during which time the State Police provided the Tormey Law Firm with discovery and video evidence. Travis Tormey than obtained an expert report from a retired police officer who directly challenged the breath test results in the case. Our expert witness also challenged the field sobriety tests performed at the time of the arrest because the client had an ear infection, which can adversely affect balance. Additionally, the client had recently been treated for plantar fasciitis, which caused issues with his feet and affected his performance on the field sobriety tests.
On two different occasions, the trial was delayed because the State troopers who made the arrest and operated the breath testing device failed to show up to court. This led Mr. Tormey to request a “try or dismiss,” meaning that the case needed to be dismissed after the second missed trial date. The judge agreed with the request and dismissed the case.
Needless to say, our client was extremely happy with the result in this case. Moreover, the outcome was a major victory for the Tormey Law Firm.