East Orange DUI Defense Lawyers
Driving while Intoxicated (DWI) Ticket Dismissed East Orange Municipal Court
Need help to fight a false arrest for drunk driving (DWI) in East Orange? Contact us now for immediate assistance. Here is a real DWI case we successfully handled for a client in the East Orange Municipal Court.
The Essex County DWI/DUI defense team at the Tormey Law Firm recently achieved another great outcome for a client: dismissal of driving while intoxicated charges in East Orange, New Jersey. As with all driving while intoxicated and driving under the influence cases in New Jersey, our client’s recent case was based on a motor vehicle stop and a belief by a New Jersey State Trooper that our client was driving a car while under the influence of alcohol. But, at the end of the day, a suspicion is not enough for a prosecutor to prove beyond a reasonable doubt that a defendant violated any laws. In other words, there must be adequate and admissible proof that the State can rely on at trial to meet the burden of proof required to convict a person of a DWI. In our client’s case, the strategy was simple: require copies of every piece of relevant and necessary evidence. The problem was that after multiple requests and numerous court appearances, the State had yet to provide crucial pieces of evidence required to prove our client was guilty of driving while intoxicated. Ultimately, the judge agreed with our argument that the case should be dismissed for lack of prosecution and violation of our client’s speedy trial rights and our client walked out of court with a dismissal of his traffic summons of a DWI.
The penalties for a DWI/DUI in New Jersey are severe, even for first offenses. In fact, R.S. 39:4-50 sets forth that if the defendant’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, the driver is subject to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers and, in the discretion of the court, a term of imprisonment of not more than 30 days and the driver shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months. But if the defendant’s BAC is 0.10% or higher, the driver is subject to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers and, in the discretion of the court, a term of imprisonment of not more than 30 days and the driver shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year. Additionally, pursuant to R.S. 39:4-50.17(a)(2), if the first offender’s blood alcohol concentration is 0.15% or higher, the court shall order, in addition to any other penalty imposed under R.S.39:4-50, the installation of an ignition interlock device in the motor vehicle principally operated by the offender during and following the expiration of the period of license suspension imposed under that section.
Arrested, Charged with DWI in East Orange? We can help
The Tormey Law Firm’s driving while intoxicated defense attorneys boast extraordinary credentials: a certified operator of the Alcotest 7110, a certified field sobriety test instructor, a retired State Trooper deemed an expert in DWI cases in New Jersey, and a former municipal prosecutor who prosecuted driving while intoxicated and driving under the influence cases in municipal court. In addition, the New Jersey DUI defense lawyers at the Tormey Law Firm have literally decades of experience being on their feet in court representing clients and accomplishing excellent outcomes. The bottom line is that if you are facing DWI or DUI charges in New Jersey, there is one law firm to call – the Tormey Law Firm. We are available 24/7 and ready to fight for you if you have been issued a traffic summons for driving while intoxicated. Contact our Newark offices now for a free initial consultation at 201-654-3464.