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CASE RESULTS

DWI AND DRUG CHARGES

CAMDEN COUNTY

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DWI-BAC .15
OUTCOME: Dismissed, no justification to stop motor vehicle

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DWI and Refusal         
OUTCOME: Improper instructions for sobriety tests so no probable cause for arrest and confusion over consent to take alcohol test. Downgraded to Reckless Driving, no license suspension.


OCEAN COUNTY

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DWI under influence of CDS
OUTCOME: Dismissed resulting from invalid urine test and inability of Drug Recognition Expert to link the impact of the alleged drug to vehicle operation skills.

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DWI, 3rd Offense
OUTCOME: First offense could not be used for enhancement after successful Court hearing. Second offense more than 10 years ago so the “step down” rule allowed guilty plea to first offense, 3 months loss of license instead of 10 year suspension and six months of incarceration.


ATLANTIC COUNTY

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Drug Possession and CDS in motor vehicle
OUTCOME: Since this was the first offense for this financial advisor he was accepted to the “conditional discharge” program which allows a pathway to get charge dismissed and no driver’s license suspension.

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DWI-BAC .28
OUTCOME: Obtained medical confirmation that client was a diabetic. Diabetics often experience hypoglycemia condition in which blood sugar is too low. In this situation hypoglycemia can look like intoxication. Diabetics also are prone to “ketosis,” and this condition can certainly “fool” a breath test. Based upon the evidence the Prosecutor agreed to a downgrade of this DWI to reckless driving with a  30 day loss of driving privileges.

CAPE MAY COUNTY

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DWI- BAC .08
OUTCOME: The breath test reading was the bare minimum for a DWI conviction. The approach was to cast some reasonable doubt on the administration of the test.  Also to illustrate that the police office did not provide proper instructions regarding the field sobriety test. DWI dismissed.
 

DWI and Drug Possession
OUTCOME: Client after a late night party was stopped after swerving on the road. The police officer smelled alcohol and marijuana in the automobile. Client’s BAC was .06 but did not consent for the police to search his car. We were able to avoid an observational DWI because of the reading and was successful with a Suppression Motion since there was no probable cause to search the car without a warrant. Client pleaded guilty to a faulty brake light but certainly happy with the outcome.

Many more results can be provided upon request.

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