Elizabeth NJ DWI Defense Attorneys
Elizabeth NJ Drunk Driving (DWI) Charges Dismissed
Recently, Travis J. Tormey represented a client charged with drunk driving (DWI), careless driving, possession of marijuana (under 50 grams), and possession of CDS in a motor vehicle in Elizabeth, New Jersey. The circumstances of the arrest and stop were as follows: The police officer ran the defendant’s license plates, turning up information that the defendant had an outstanding warrant for a traffic ticket he had failed to resolve. When the police officer approached the vehicle, he allegedly smelled marijuana and inquired about same. The defendant confessed to “smoking earlier that day” and turned over a small bag of marijuana that he had in his shoe. Based on these circumstances, the defendant was arrested and charged with driving while intoxicated (DWI). Later, the defendant provided a urine sample, which came back positive for marijuana.
The State’s case with regard to the DWI was deficient. The police officer failed to perform any field sobriety testing at the scene to determine if the defendant was impaired at the time of the stop. Further, the defendant was not asked to provide a breath sample to determine if he was under the influence of alcohol at the time of the traffic stop. Moreover, the State failed to have a drug recognition expert (DRE) respond at the scene or at the station to examine the defendant at the time of the arrest. Typically, a DRE performs testing and writes a report with regard to whether a person exhibits signs of drug-impairment when operating a motor vehicle. Here, the mere presence of marijuana in the defendant’s system based on the urinalysis was inconclusive: marijuana will show up in a person’s system if he or she used marijuana anytime within the preceding 30 days. Here, the urinalysis did not prove that the defendant was under the influence at the time that he operated the motor vehicle. Finally, his admission that he “smoked earlier that day” did not conclusively show that he was impaired at the time of the stop.
Based on all of these issues and problems with the State’s case, the DWI charge was dismissed. The defendant pleaded guilty to careless driving, with no license suspension, and the defendant was given a conditional discharge for his marijuana possession charge. Therefore, when the defendant successfully completes the conditional discharge program, the criminal charges will be dismissed and he will have no criminal record. The defendant was able to avoid a criminal record, avoid a drunk driving (DWI) charge, and ensure that his license was not suspended. Needless to say, the client was extremely satisfied with the representation he received from the Tormey Law Firm.
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 informational video series on YouTube to learn more about DWI charges in New Jersey.