The Tormey Law Firm successfully represented a client accused of committing a first offense DWI violation in Guttenberg, New Jersey. The client was pulled over in Guttenberg NJ and allegedly registered a blood alcohol concentration (BAC) of .13 percent. As a result, the client faced severe DWI penalties, including: suspension of his license for 1 year, heavy fines, alcohol education classes at the Intoxicated Driver Resource Center (IDRC), and up to 30 days in the local county jail.

When the client contacted the Tormey Law Firm, Mr. Tormey started to develop a defense strategy to fight the drunk driving charges. Mr. Tormey carefully examined the discovery evidence in the case and determined that the client’s breath test reading should not be admissible in Guttenberg Municipal Court. That’s because the two breath samples provided by the client were “outside tolerance,” which means that there was a disparity between the readings to indicate that the breath machine was working improperly. In accordance with the New Jersey Supreme Court’s decision in State v. Chun, the breath test samples were then ruled inadmissible by the municipal court judge.

Mr. Tormey also argued in court that the results of the client’s field sobriety tests were inadmissible. The client had been medically discharged from the military due to his health issues. As a result, Mr. Tormey argued that the client should not have been asked to undergo field sobriety testing during the traffic stop. The firm’s DWI expert, a retired New Jersey State Trooper, testified that the client’s medical issues would have prevented him from adequately performing the field sobriety tests.

Thanks to Mr. Tormey’s challenges to the evidence in the case, the municipal court judge dismissed the client’s driving while intoxicated (DWI) charges. Our client avoided a DWI conviction and instead had his driver’s license suspended for 30 days for a careless driving citation.