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Bound Brook Municipal Court – DWI Charge Dismissed


Outcome: DWI Charge Dismissed.

Mr. Abate’s client was pulled over after accidentally turning into a wrong parking lot. When asked, his client advised the Officer of his significant pre-existing cervical injuries, and history of surgery. Mr. Abate, who is certified in NHTSA Standardized Field Sobriety Testing, was able to determine that his client was not a candidate for field sobriety testing (i.e. would not be able to perform the SFSTs in a “standard” way). After reviewing the discovery in this case, a judicial finding led to the inadmissibility of the breath test, which meant that the State needed to prove that this client was intoxicated based on the SFSTs. Mr. Abate retained expert witnesses to further review the discovery. These experts, a retired State Police Coordinator and medical expert, issued reports which focused on the inability of the State to prove that his client was, in fact, intoxicated based upon his performance during the field sobriety tests, culminating in the dismissal of the DWI charge.

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