Travis Tormey Fights DWI Charges in Wayne, New Jersey
Wayne DWI Defense Lawyers
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Travis J. Tormey recently represented a client who had been charged with drunk driving in Wayne, New Jersey. Mr. Tormey defended the client in Wayne Municipal Court and helped to get the blood test results suppressed.
The client had been charged with driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50. Although this was a first offense, the client had allegedly registered a blood alcohol concentration (BAC) of .26 percent. As a result, he faced significant DWI penalties, including suspension of his driver’s license for up to 1 year, heavy fines, mandatory alcohol education classes at the Intoxicated Driver Resource Center (IDRC), and installation of an ignition interlock device on his cars after his license was restored.
The client had been involved in a single-car accident that ended when he crashed into a guardrail. The accident resulted in serious injuries: his face was split open above the left eye, requiring medical treatment and plastic surgery. Since the client was so badly hurt, he could not perform any field sobriety tests at the scene; instead, emergency responders took him to the hospital. Typically in cases like this, law enforcement must obtain a warrant to seize the driver’s blood for drug and alcohol testing. However, in this case, police failed to obtain a warrant prior to drawing the client’s blood. Instead, they simply relied on “verbal” consent from the client, who was completely disoriented because of his head wound. Moreover, police failed to inform the client that he had the right to refuse to consent to the drawing of his blood.
Fight a Drunk Driving (DWI) Arrest in Wayne, NJ
Based on the evidence at his disposal, Mr. Tormey filed a motion to suppress the blood test results. Mr. Tormey argued in Wayne Municipal Court that the blood test results had been illegally obtained without a warrant. Additionally, Mr. Tormey argued that the consent exception to the warrant requirement did not apply in this case because the driver was in no physical condition to provide consent to anything. The municipal court judge agreed with Mr. Tormey and suppressed the blood test results. Without the blood results, the prosecution was unable to prove the DWI and ultimately decided to dismiss the case. This was a major victory for the Tormey Law Firm.