Last week I recently obtained a NOT GUILTY verdict on a DRUNK DRIVING CHARGE in Union County. The Alcotest reading was in excess of .13 and two police officers testified that they had both complied with the procedural requirements so as to make the admissibility of the Alcotest results proper.
I was able to show that the police officers did not comply with all the procedural requirements concerning the Alcotest and, among other things, they failed to prove the 20 minute observation as is required under New Jersey law.
Additionally, both police officers admitted that the defendant had done most of the field tests in a normal fashion. There was a question of lack of proper identification that was also raised but the decision was not based on that alone.
I have been appearing in various municipal courts throughout Union County for more than 35 years and have obtained numerous Not Guilty verdicts of this sort in drunk driving cases during those years.
1. SP WAS CHARGED WITH LEAVING THE SCENE OF AN ACCIDENT, DRIVING WITHOUT INSURANCE, LEAVING THE SCENE OF ACCIDENT WHICH CARRIES A ONE YEAR LOSS OF LICENSE AND DRIVING WITHOUT INSURANCE WHICH IS ALSO A ONE YEAR LOSS OF LICENSE. I GOT BOTH CHARGES DISMISSED. SP PLED GUILTY TO FAILURE TO REPORT AND RECEIVED NO POINTS, NO SUSPENSION AND A SMALL FINE.
2. MS WAS CHARGED WITH ASSAULT AND BATTERY. THE CHARGES WERE COMPLETELY DISMISSED.
3. JS WAS CHARGED WITH POSSESSION OF MARIJUANA AND POSSESSION OF PARAPHERNALIA. BASED UPON LACK OF EVIDENCE, ALL CHARGES WERE DISMISSED, WITHOUT ENTRY INTO A DIVERSIONARY PROGRAM.
4. BA WAS CHARGED WITH RECKLESS DRIVING, LEAVING THE SCENE OF AN ACCIDENT INVOLVING PROPERTY DAMAGE, DRIVING WITHOUT INSURANCE. CHARGES WERE DISMISSED.
5. DC WAS CHARGED IN HACKENSACK MUNICIPAL COURT WITH POSSESSION OF LESS THAN 50 GRAMS OF MARIJUANA. I GOT ALL CHARGES DISMISSED AND HE HAD TO PAY A FINE AND ENTERED A DIVERSIONARY PROGRAM.
6. RA WAS CHARGED WITH ASSAULT AT HIS PLACE OF BUSINESS IN LINDEN. AFTER A TRIAL, RA WAS FOUND NOT GUILTY OF ALL CHARGES.
7. GP WAS CHARGED WITH CARELESS DRIVING, RESISTING ARREST, UNSAFE LANE CHANGE, FAILURE TO COMPLY WITH A POLICE OFFICER INCLUDING CRIMINAL CHARGES. ALL CHARGES WERE DISMISSED AND GP PLED GUILTY IN THE LINDEN MUNICIPAL COURT TO A TOWNSHIP ORDINANCE INVOLVING NO CRIMINAL RECORD, NO SUSPENSION, NO POINTS AND NO LOSS OF LICENSE.
8. DK WAS CHARGED WITH DRIVING WHILE SUSPENDED AND HAD 12 PRIOR CHARGES OF DRIVING ON THE REVOKED LIST. I PLEA BARGAINED THE MATTER TO NO JAIL, NO DRIVER'S LICENSE SUSPENSION IN THE CRANFORD MUNICIPAL COURT. DK HAD TO PAY A SMALL FINE AND HAS TO DO A 10-DAY SHERIFF LABOR ASSISTANCE PROGRAM.
9. MC WAS CHARGED IN SUPERIOR COURT WITH THEFT OF 135,000.00 IN EXCESS OF 100,000.00. I MANAGED TO AVOID JAIL AND MC IS SERVING A SHORT PROBATION.
10. JS WAS CHARGED IN THE SUMMIT MUNICIPAL COURT WITH BEING AN UNLICENSED DRIVER AND DRIVING ON A SUSPENDED LIST. HE WAS FACING ONE YEAR LOSS OF LICENSE AND SUBSTANTIAL FINES. I PLED HIM TO A LESSOR CHARGE INVOLVING NO LOSS OF LICENSE AND A SMALL FINE.
11. SF HAD CHARGES IN 5 DIFFERENCE MUNICIPAL COURTS. SF HAD CHARGES GOING BACK 15 YEARS THAT PREVENTED HIM FROM GETTING A DRIVER'S LICENSE. I APPEARED IN ALL COURTS AND OBTAINED DISMISSALS ON CHARGES SUCH AS NO INSURANCE, FICTITIOUS PLATES, DRIVING WITHOUT LICENSE, DRIVING ON A SUSPENDED LIST. HE HAS SINCE GOTTEN HIS DRIVER'S LICENSE BACK.
12. LL WAS CHARGED WITH DRUNK DRIVING IN THE ELIZABETH MUNICIPAL COURT. BASED UPON HER READING, THE MINIMUM SENTENCE WOULD HAVE BEEN 7 MONTHS. I OBTAINED A PLEA BASED UPON DEFECTS IN THE BREATHALYZER MACHINE A 3 MONTH SUSPENSION AND ALL OTHER CHARGES WERE DISMISSED
Please feel free to call me to discuss your case. The initial consultation is free and most likely I will be able to give you useful information.