Allamuchy DWI Defense Lawyers
Allamuchy DWI Charges Dismissed after Motion by Defense Counsel
Arrested for drunk driving (DWI) in Allamuchy in Warren County? We can help. Here is a real DUI case we handled successfully for one of our clients.
Mr. Tormey recently represented a client who was charged with a first offense DWI in Allamuchy Township in Warren County, New Jersey. The client was from Canada and had been driving for hours when he apparently fell asleep at the wheel and ran off the highway onto the shoulder. It was a one car accident and no one was injured as a result. State troopers responded to the accident scene to make sure everyone was alright and the client was asked to go to the hospital to deal with his injuries. His face hit the steering wheel so he was bleeding from his nose, etc. The client declined medical attention but the police and first aid insisted. The video evidence showed that at no point was there any discussion about alcohol consumption, being under the influence, etc. In fact, our client sat in the back of the trooper car to stay out of the rain and chatted with the officer about his life, work, the weather in Canada, etc. and the officer clearly did not suspect our client of being under the influence of any alcohol or drugs. Further, he did not place him under arrest, conduct any field sobriety tests, or ask him to submit to a breath test.
Then, when our client was at the hospital, at some point the hospital staff determined that he may have been under the influence of alcohol. At this point, they took samples of his blood for testing.
This was an illegal search and the police had no right to force our client to go to the hospital and then submit samples of his blood for testing because there was no probable cause to suspect that he was under the influence of alcohol. The video evidence made it very clear that, in fact, the state trooper did not suspect in any manner that the client was under the influence or there was anything suspicious about the accident.
Based on this illegal search and taking of our client’s breath sample, Mr. Tormey filed a motion to have the case thrown out based on lack of probable cause and the prosecutor agreed. The DWI charge was dismissed altogether.
Received Tickets for DWI in Allamuchy? Contact Us For Help
To speak with one of our talented defense attorneys free of charge, contact our Hackensack offices anytime at (201)-330-4979. Also, check out Mr. Tormey’s in-depth video series about DWI charges in New Jersey on YouTube, including our video about strategies for fighting DWI blood tests.