DWI Dismissed after Examining Standardized Field Sobriety Test results
May 13, 2015
OUTCOME: Driving While Intoxicated charge Dismissed
This matter involved an allegation of Driving While Intoxicated. I was able to demonstrate that my client performed the Standardized Field Sobriety Tests in an acceptable manner, undermining the State...s proof's of intoxication, causing the Driving While intoxicated charge to be dismissed.
DUI and DWI
Driving While Intoxicated charge following an Unreasonable Search and Seizure of Client
May 12, 2015
OUTCOME: Driving While Intoxicated charge Dismissed
This matter involved a single car motor vehicle accident and subsequent arrest at my clients house. The State Police were investigating a car accident and responded to my clients house. My client wa...s inside his home and refused to come out onto the porch to speak with Police. The officers "took" my client into custody and charged my client with Driving While Intoxicated. Following a Motion to Suppress Evidence (breath test results) stemming from the Unconstitutional seizure of my client from his home, the Driving While Intoxicated charge was dismissed.
DUI and DWI
Driving While Intoxicated - Controlled Dangerous Substance - Dismissed
Jan 06, 2015
OUTCOME: Driving While Intoxicated Charge Dismissed.
This matter involved an allegation of Driving While Intoxicated being under the influence of a controlled dangerous substance. The police responded to a minor motor vehicle accident, and after perform...ing an initial investigation, placed my client under arrest for DWI, alleging being under the influence of a drug. After obtaining all the reports, I was able to show that the State could not proceed with the DWI allegation because it lacked any proofs as to what type of drug, if any, my client was under the influence of. The Driving While Intoxicated charge was dismissed.
DUI and DWI
Driving While Intoxicated Dismissed - No Proof of Operation
Oct 16, 2014
OUTCOME: Driving While Intoxicated Charge Dismissed
This matter involved an allegation of Driving While Intoxicated that lacked proof of Operation, a required element to the charge of DWI. The police responded to a domestic disturbance and after their ...initial investigation, placed my client under arrest for DWI alleging that my client drove to the scene of the dispute intoxicated. After examining the timelines of when the dispute took place and police arrival, I was able to demonstrate that the State could not prove beyond a reasonable doubt that my client was intoxicated at the time the vehicle was operated - driven to the scene of the dispute - causing the Driving While Intoxicated charge to be dismissed.
DUI and DWI
DWI Appeal - Mercer County Superior Court
Jun 06, 2012
OUTCOME: DWI Conviction at the Municipal Court level was Overturned and Client found Not Guilty of DWI.
This case involved an accusation of driving while intoxicated and the main issue was "operation". My client was walking towards his car, keys in hand, It was disputed as to whether or not he was tryin...g to get into the car by attempting to open the door. The Municipal Court was satisfied that he was, and if he did get inside of the car, he would have driven. The Municipal Court reasoned that the police are able to intervene before the vehicle is put into actual operation and found my client guilty of DWI. The Superior Court disagreed.
Preliminary Statement:
Appellant, hereby submits this Memorandum of Law in support of his municipal appeal seeking to reverse his conviction in the East Windsor Municipal Court for violating N.J.S.A. 39:4-50, Driving While Intoxicated. It is Appellant’s position his conviction must be reversed because the State of New Jersey was unable to establish that
Appellant “operated” a motor vehicle as required by the statute. As such, a judgment of acquittal must be entered.
Order:
Superior Court Judge, Honorable Thomas W. Summer " IT HEREBY ORDERED, on this 6th day of June, 2012 that Defendant's appeal is GRANTED and Defendant's conviction for Driving While Intoxicated, contrary to NJS 39:4-50 is hereby vacated.
DUI and DWI
Driving While Intoxicated allegation from a DWI Checkpoint - DWI Dismissed
Jun 06, 2011
OUTCOME: Driving While Intoxicated Charge Dismissed
This matter involved an allegation of Driving While Intoxicated resulting from a DWI Checkpoint. My client was required to perform Standardized Field Sobriety Tests and was placed under arrest as a res...ult of the Officers interpretation of the results. After obtaining all the reports, I was able to show that the State could not get a conviction for DWI from the breath test provided by my client and that my client performed the SFST's in a satisfactory manner, resulting in the Driving While Intoxicated charge to be dismissed.
DUI and DWI
DWI Checkpoint
Feb 04, 2010
OUTCOME: Driving While Intoxicated and Refusal to Provide a Breath Sample Dismissed - along with every other summons issued.
This matter involved a DWI checkpoint. My client passed through the checkpoint, performed standardized field sobriety tests and was arrested. He refused to provide a breath sample and was charged wit...h driving while intoxicated and refusing to provide a breath sample. We filed a "Hollup Motion" demanding all the required paperwork the State is obligated to provide to satisfy the minimum requirements to set up a DWI checkpoint as per our NJ Court decisions, and the State could not provide them. The DWI and refusal charge was dismissed along with everything else my client was charged with.