DWI Dismissed after Being Charged with Felony Drugs
Our office had the opportunity to help out another one of the our clients who had been charged with a DWI and 3rd degree drug possession of prescription drugs. Our client was a hard working family man who had no prior record and had a great job which could have been easily lost if he was convicted of the felony drug possession or couldn’t drive to work for an extended period of time from a DWI conviction.
His case was sent to CJP in Hudson County Superior Court since he was charged with a 3rd degree felony which could carry up 3 – 5 years in state prison if convicted. At CJP our criminal defense attorney was able to speak with the prosecutor about the circumstances of the case and the state agreed to downgrade the charges from an indictable crime down to a disorderly persons offense and send the case back down to municipal court. This was a huge win right from the beginning because now our client was no longer facing the possibility of a felony conviction.
Once at municipal court we began challenging the evidence against our client as it pertained to the drugs and DWI. We were able to put forth a compelling argument and convince the judge to sign an order demanding that the state produce certain evidence against our client by a certain date or in the alternative that those missing pieces be suppressed. Ultimately, we were able successfully argue that the judge dismiss the DWI charges based on several items of missing evidence and the fact that the state may have trouble proving that the defendant actually had the intent to operate the vehicle. As for the drug charges – our client was admitted into the conditional discharge program which will result in a dismissal of the case after 12 months with no violations. To learn more about how a Kearny NJ DWI attorney may be able to help you, contact our office today for a free consultation.
State v. L.B. decided August 30, 2016