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DWI Refusal Client Facing Additional 13 Month Suspension Clinton, New Jersey


Outcome:  Dismissal of refusal charges and dismissal of criminal charges for DWI with a minor in the car

Our client, a resident of Pennsylvania, was facing a 7 month loss of license for refusing to take a chemical breath test pursuant to New Jersey Statute Annotated 39:4-50.2.  Our client also faced charges of DWI with a child in the car, which exposed him to another 6 month loss of license and criminal charges.  As always, Mr. Abate and his staff dug in to examine the discovery, and low and behold, an officer had left a wireless microphone operational.  Mr. Abate found evidence that the client had not refused to take the chemical breath test. The client had the refusal charge dismissed without need for a trial, as well as the criminal charges for DWI with a minor in the car, and will not be suspended by the State of Pennsylvania.  Because the refusal charge was dismissed, the client’s arrest had no effect on his CDL license.

The Law Offices of James A. Abate LLC

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