We recently represented a client who was charged with a DWI and Refusal after State Police allegedly found her on the shoulder of the Garden State Parkway intoxicated. If convicted, our client would receive a mandatory suspension of upwards of 15 months and be required to install an ignition interlock device in her vehicle. Refusal and DUI cases are some of the hardest offenses to win in Municipal Court because there is absolutely no plea bargaining allowed. In order to secure a downgrade or dismissal of a DWI or Refusal, you have to aggressively attack the State’s case against you. Right from the beginning we began laying the groundwork for a trial and creating leverage for our client’s defense. We did this by challenging the State’s ability to establish operation of the motor vehicle and by identifying crucial discovery issues. In order to exploit the discovery issues, we successfully argued for the Judge to sign an order mandating that the State provide missing discovery and comply within a reasonable amount of time. In the end, upon a motion by our defense attorneys, were able to successfully argue for a dismissal of all the charges against our client including the Driving While Intoxicated, Refusal, and Reckless Driving. This allowed our client to walk out of court without ever losing her license and without paying any fines. If you or a loved one has been charged with a DWI and Refusal, contact our office today at (908) 838-0150 to see how we may be able to help you during a free consultation with an experienced DUI attorney.
State v. S.C.