DWI Charges Dismissed in Allamuchy, NJ
New Jersey DWI Defense Lawyers in Warren County, NJ
Do you need an attorney for a DWI arrest in Allamuchy in Warren County? We can help.
Travis Tormey recently represented a client who was charged with a first offense DWI in Allamuchy Township, New Jersey. The client hailed from Canada, and he had been driving for several hours when he apparently fell asleep at the wheel and drove off the highway onto the shoulder. It was a one-car accident, and no one was injured as a result of the crash.
State troopers responded to the scene to make sure that everyone was alright. The driver was bleeding from his nose because his face had hit the steering wheel. Although the driver declined medical attention, the police and first aid responders insisted that he go to the hospital. The video evidence showed that at no point was there any discussion about alcohol consumption or being under the influence of alcohol. In fact, while the driver sat in the back of the trooper’s car to stay out of the rain, he chatted with the officer about his life, work, the weather in Canada, etc. It was clear from the evidence that the officer did not suspect Mr. Tormey’s client of being under the influence of any alcohol or drugs. Beyond that, the officer did not conduct any field sobriety tests, did not ask him to submit to a breath test, and declined to place him under arrest.
Later, when Mr. Tormey’s client was at the hospital, the hospital staff determined that he may have been under the influence of alcohol. At that point, they took samples of his blood for testing. This was an illegal search. The police had no right to force Mr. Tormey’s client to go to the hospital and then submit samples of his blood for testing because there was no probable cause to suspect that he was under the influence of alcohol. The video evidence made it very clear that, in fact, the state trooper did not suspect in any way that Mr. Tormey’s client was under the influence or that there was anything suspicious about the accident.
Fight False Arrest for DUI in Allamuchy with the Tormey Law Firm
Based on the illegal search and the illegal taking of the client’s breath sample, Mr. Tormey filed a motion to suppress the blood evidence and to have the case thrown out. The prosecutor agreed with the motion, and the DWI charge was dismissed altogether. This case represented a major victory for our firm.