DWI Charges in Parsippany Dismissed
“Our client was arrested and charged with DWI in Parsippany. The case was dismissed in Parsippany Court because the State could not prove that the client operated the motor vehicle.”
If you’ve been arrested for drunk driving (DWI) in Parsippany, we can help.
Travis Tormey recently appeared in Parsippany Municipal Court to represent a client who had been arrested for Driving While Intoxicated (DWI) in Parsippany, New Jersey. The client had a previous conviction for a drunk driving violation, so she was now subject to second offense DWI charges. A conviction for a second offense DWI could have resulted in severe penalties, including driver’s license suspension for two years and a sentence of 90 days in the Morris County Jail.
Mr. Tormey has vast experience defending clients against DWI charges in courtrooms throughout NJ, so he knew how to raise effective argument in defense of the client. For example, Mr. Tormey understood that the NJ State Police were required to provide timely discovery to the prosecutor, who in turn had to turn over the discovery evidence to the defense. However, five months went by without the prosecutor receiving discovery. During that time, Mr. Tormey made several appearances in court and constantly requested the discovery while asserting his client’s right to a speedy trial. Eventually, the Parsippany judge agreed to issue an order that discovery needed to be provided within 30 days or the DWI case could be dismissed. However, when discovery evidence was still not provided within that time period, the judge failed to dismiss the case. At the next court date, the prosecutor finally gave Mr. Tormey the discovery evidence in court – extremely late and not within the timeframe specified by the judge. If the case had not been dismissed later, Mr. Tormey would have had strong grounds to appeal the ruling.
Once discovery was finally provided, the next major issue in the DWI case was the prosecution’s burden when it came to proving that the client “operated” the motor vehicle. On the night of the client’s DWI arrest, law enforcement found her in the backseat of a vehicle parked on the side of Route 80 in Parsippany, New Jersey. Police never actually saw our client driving the car. Beyond that, since the client was found in the backseat of the motor vehicle, the circumstances did not indicate that she was ever driving the car. Our client spoke with the police officers and said that her husband had been driving. When the couple got into an argument and the car suddenly ran out of gas, the client’s husband exited the vehicle and left the area on foot. Since the police officers did not believe our client, they arrested her on suspicion of drunk driving. Mr. Tormey later obtained the client’s phone records, which showed that she had placed multiple phone calls for a ride after the vehicle broke down. Additionally, Mr. Tormey subpoenaed the client’s husband so that he could provide the court with his version of what happened that night. When the client’s husband appeared in Parsippany Municipal Court, he acknowledged that he had been driving and confirmed the client’s version of events.
Charged with DWI in Parsippany Court? Contact Us Now
As a result of this evidence, the Parsippany NJ prosecutor and judge granted Mr. Tormey’s motion to dismiss the DWI case. This was an extremely positive outcome for our client and a huge success story for the law firm.