Do you need a lawyer for a DWI in Bloomfield? We can help.
Travis J. Tormey recently defended a client against charges of Driving While Intoxicated (DWI) in Bloomfield, New Jersey. Although this was only the client’s first offense, he still faced severe penalties that included suspension of his NJ driver’s license for a period of seven months to one year, a heavy fine of up to $750, mandatory attendance at alcohol education classes at the Intoxicated Driver Resource Center (IDRC), and a potential sentence of 30 days in the local county jail.
The client was arrested after being spotted sleeping in a parking lot. At the time, the engine to the vehicle was reportedly running and the client was behind the wheel. The client later explained that he had only turned on the car in order to heat the vehicle, an explanation that made a lot of sense because it was the middle of winter. This was an important fact because it meant that the client did not intend to operate the motor vehicle. Mr. Tormey and Mr. Perry raised this point when they filed a motion to dismiss the case. Since one of the required elements that the prosecutor in a New Jersey DWI case must prove is intent to operate the car, the attorneys at the Tormey Law Firm argued that the case should be dismissed before trial in the Bloomfield Municipal Court.
The client’s experienced DWI lawyers also noted that the client had texted his girlfriend to come to the parking lot and pick him up, suggesting that he had absolutely no intent to drive the vehicle anywhere. Beyond that, multiple witnesses were called by the defense to disprove the intent element.
Additionally, Mr. Tormey cited the landmark drunk driving case of State v. Daly, which involved extremely similar facts: a defendant was found reclining in the driver’s seat of his car, which was parked outside a tavern where he had been drinking alcohol. Moreover, the engine was running in order to power the vehicle’s heater. In State v. Daly, the NJ Supreme Court held that the prosecution did not establish that the defendant had operated the vehicle.
Ultimately, the prosecutor in the recent Bloomfield DWI case agreed with Mr. Tormey that the charges should be dismissed, allowing the client to go free. This was an extremely positive outcome for the client and a major victory for the Tormey Law Firm LLC.