Little Falls DWI Attorneys
DWI Dismissed Thanks to Our DUI Defense Lawyers
Have you been arrested for drunk driving in Little Falls and you need a lawyer? Call us now for assistance.
Travis Tormey, founding partner of the Tormey Law Firm, successfully represented a client charged with Driving While Intoxicated (DWI) in Little Falls, New Jersey. The client reportedly registered a blood alcohol concentration (BAC) of .09 percent when Little Falls police administered a breath test. This put him just above the legal limit in NJ of .08 percent BAC. As a result, he was charged with a first offense DWI. Despite the fact that this was the client’s first DWI violation, he faced significant penalties: suspension of his driver’s license for a period of three months, a $750 fine, compulsory attendance at alcohol education classes at the Intoxicated Driver Resource Center (IDRC), and a sentence of 30 days in the county jail.
The facts of the case were pretty straightforward: Little Falls NJ police officers came across the client standing outside his car, which had been stopped on railroad tracks in Little Falls, New Jersey. Police called for a tow truck because the client’s vehicle was stuck on the train tracks. Not long after that, police arrested the client and charged him with a first offense DWI.
The client later appeared in Little Falls Municipal Court, in Passaic County NJ, so that he could address the very serious drunk driving charges. Prior to trial, the State encountered several obstacles when it came to proving certain required elements of a DWI case. For example, the prosecutor was unable to establish that Little Falls police had administered the Alcotest breath test within a reasonable period of time after the client had operated his motor vehicle. Since police did not witness the client seated in his car at any point, they could not know when he had driven the car or for what length of time it had been stuck on the train tracks. Moreover, another problem for the prosecutor in the case was that the client’s vehicle was considered “inoperable” because it was stuck on the Little Falls railroad tracks.
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Travis J. Tormey and the other skilled DWI lawyers at the Tormey Law Firm raised these issues when they filed a motion to dismiss the DWI charges due to a lack of operation of the vehicle. Additionally, Mr. Tormey filed a separate motion with the municipal court to suppress the breath test reading in the case. The Little Falls Municipal Court judge agreed with Mr. Tormey and granted both motions. As a result, the DWI charges against the client were dismissed. The client then pleaded guilty to careless driving, a minor traffic offense. This meant that the only penalty in the case was suspension of the client’s license for just 30 days. This was an extremely positive outcome for the client and a big success story for the Tormey Law Firm.
