Franklin Lakes, Drunk Driving Defense Lawyers Fight Your DWI Charges
Arrested for DUI in Franklin Lakes NJ? We can help
Arrested for a DWI in Franklin Lakes and need a lawyer? Call us now.
Travis J. Tormey of the Tormey Law Firm, LLC recently represented a client who was charged with a third offense DWI in the Franklin Lakes Municipal Court. As governed by N.J.S.A. 39:4-50, a third offense DWI charges carries significant penalties. As a result, the client was facing, among other things, a 10-year license suspension and a mandatory term of incarceration of six months in the Bergen County Jail.
The client was initially represented by a Public Defender. Not surprisingly, the client was not satisfied with the legal defense he was getting. The Public Defender recommended that the client take a plea and accept the 10-year license suspension and serve six months in the county jail. The client knew that he needed help avoiding these serious penalties, so he made one phone call and retained the Tormey Law Firm, LLC to represent him and to take the case to trial if necessary.
Our client was in a major accident which gave rise to the DWI. Fortunately, no one but the client was injured in the accident. He was knocked unconscious, which led emergency responders to take him to the hospital for treatment and to have his blood drawn. The police officer on the scene claimed that our client “consented” to having his blood taken. However, this did not seem likely since our client’s physical condition rendered him unable to sign the consent-to-search form. Nonetheless, our client’s blood was taken and his blood alcohol content registered as 0.36 percent BAC (blood alcohol content), more than four times the legal limit.
Our law firm filed a motion to suppress the blood evidence because the blood was illegally taken without a warrant and without a valid exception to the warrant requirement. The prosecution argued that the blood was taken without a warrant based on the “consent” exception and that our client consented to the blood draw (even though he couldn’t sign the form). The judge agreed with us that this was not valid consent based on our client’s medical condition at the time and his inability to sign the consent form.
Without the blood evidence, the prosecution’s case began to crumble. Additionally, since no field sobriety tests were conducted because of our client’s condition, the prosecution was unable to proceed with the DWI charge. We agreed to take a reckless driving offense, resulting in a one-year license suspension and outright dismissal of the DWI charge. Thanks to the efforts of the skilled lawyers at the Tormey Law Firm, LLC, our client was able to avoid jail time and avoid having his license suspended for 10 years.
DUI Defense Lawyers Near Me in Franklin Lakes NJ
To say that our client was satisfied with our services is an extreme understatement. For a free consultation on your case, contact our offices anytime.