Our office recently defended a client charged with a DWI in Middlesex County, New Jersey. After receiving the discovery and challenging the weight of the State’s evidence against our client we were able to cast substantial doubt on the accuracy of the Alcotest (Breathalyzer) reading which the State had relied on to prove our client’s BAC, or breath alcohol concentration. Without a valid per se reading showing our client was in fact over the legal limit of 0.08%, the State was forced to concede that they could not prove the case based on the results of the standardized field sobriety tests (SFSTs) alone and the court moved for a directed verdict of “Not Guilty” of the DUI. In recognition of the dismissal, the defense agreed to enter a plea to Reckless Driving with a 60 day loss of license. There is no plea bargaining for DWI charges in New Jersey and our defense attorneys were only able to reach this result by successfully challenging the State’s ability to prove the necessary elements of a drunk driving offense.
State v. G.S.
