Montvale NJ DWI Defense Attorneys
Pascack Joint Municipal Court: DWI Charges in Montvale, New Jersey
Travis J. Tormey recently represented a client charged with driving while intoxicated (DWI) in the Pascack Joint Municipal Court located in Montvale, New Jersey. This was a first DWI offense for our client and the circumstances were as follows: The police came upon our client sleeping in his vehicle on the side of the Garden State Parkway in the middle of the night. The client pulled over to sleep because he was tired and concerned about getting into an accident. Upon arrival, the police allegedly detected an odor of alcoholic beverage and instructed our client to perform several field sobriety tests. These tests were improperly performed on the side of the Garden State Parkway on the grass next to the roadway. Finally, our client submitted a breath sample of .09% BAC, just slightly over the legal limit in New Jersey.
First, Mr. Tormey was able to have to breath reading thrown out in court because the State could not prove when the client operated the motor vehicle. According to case law, the State must show that the driver was placed on the breath testing device within a reasonable time after he operated the motor vehicle. Because the State could not prove when the driver in this case operated the vehicle, they could also not prove that he provided a breath sample within a reasonable time after that operation.
Then, after the reading was suppressed, the only evidence remaining was the field sobriety tests which were not performed in a proper manner and were given in an incorrect location. The firm hired a DWI expert, a retired New Jersey State trooper, who submitted an expert report detailing the many issues with the field sobriety tests and the prosecutor was then convinced that he could not prove the case in court beyond a reasonable doubt. The DWI was amended to a reckless driving ticket and the client lost his license for only thirty (30) days. Considering the potential penalties hanging over our client’s head, this was a fantastic result for our client and the Tormey Law Firm.
To speak with one of our knowledgeable drunk-driving 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,