New Jersey DWI Defense Attorneys in Wayne Court
The Tormey Law Firm Beats DWI Charges in Wayne, NJ
If you need to fight a DWI arrest in Wayne, you’ve come to the right place. Here is a DWI case we handled successfully for a client in the Wayne Municipal Court where the DWI charge was dismissed completely.
Travis J. Tormey and the Tormey Law Firm recently defended a client against driving while intoxicated (DWI) charges in Wayne, NJ. Mr. Tormey represented the client in Wayne Municipal Court and successfully contested the admissibility of the client’s blood test results in the case.
The client faced significant DWI penalties after he was allegedly involved in a DUI accident. As set forth by N.J.S.A. 39:4-50, a drunk driving conviction for a first DWI offense can have severe consequences, including: suspension of driver’s license for up to 1 year, stiff monetary fines, required alcohol education classes at the Intoxicated Driver Resource Center (IDRC), and installation of ignition interlock devices on all vehicles even after the license is restored.
The client in this case was charged with the DWI after being involved in a single-car accident. The client slammed into a guardrail and sustained injuries to his face, including a cut over his left eye that necessitated immediate medical treatment, a stay in the hospital, and plastic surgery. As a result of the client’s injuries, he was not able to perform field sobriety tests at the scene of the car accident. In most DUI cases, law enforcement is required to first obtain a warrant before they can seize a driver’s blood to be tested for drugs and alcohol. However, in this DWI case, Wayne NJ police officers drew the client’s blood even though they had failed to secure his written consent. Instead, police alleged that the driver provided them with “verbal” consent. This was impossible because the driver was disoriented due to his head injuries and was in no position to offer actual consent. Moreover, Wayne New Jersey police officers did not inform the disoriented driver that he had a legal right to refuse blood testing in the first place.
Fight a DUI Arrest in Wayne with the Tormey Law Firm
Mr. Tormey stood up for the client in Wayne Municipal Court and filed a motion to suppress the blood test results because the police did not obtain a warrant. Mr. Tormey also argued that prosecutors should not be allowed to use the consent exception to the warrant requirement because the client’s head injuries rendered him incapable of offering consent. The Wayne Municipal Court judge sided with Mr. Tormey and granted the motion to suppress. This prompted prosecutors to drop the DWI charges against the client.