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DWI Client Facing 12 Month Suspension, Springfield, New Jersey

Outcome: Receives 1 Month Suspension

October 24, 2013: Yesterday we received another great result for one of our clients facing a charge of driving while intoxicated in Springfield Municipal Court under 39:4-50. Our client faced a 1 year suspension and became eligible for a 1 month suspension as the breath test result was suppressed. Our client was observed speeding by 29 miles over the speed limit and was found to be intoxicated by a local officer. The client was charged with the speeding violation under 39:4-98. That charge was dismissed as the officer was unable to show that he had a clear view of the driver on radar as other cars were also in the vicinity.

Upon investigating the case, we determined that the standardized field sobriety tests had been performed improperly. Our client was asked to walk and turn and to do the one-legged stand in high heels. Upon review of the police report, we determined that it was questionable whether the defendant was observed for the required 20 minutes. Additionally, it was dubious that the Alcotest operator had changed the mouth piece. The result was that the prosecutor agreed to suppress the chemical breath test results. Since my client had not reached the age of 21 (and there was no breath test) she became eligible for the juvenile DWI sentence of 1 month.

The Law Offices of James A. Abate LLC

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