Refusal Dismissed Prosecutors’ s Motion, Union County Municipal Court

Had a very nice result today in a Union County Municipal Court. My client was charged with refusal and DWI, as well as multiple traffic violation. If convicted of refusal, a defendant can lose her license for up to a year with a seven month mandatory suspension and the imposition of the ignition interlock system. This is in addition to the penalties for DWI. The possible exposure, accordingly, was a year and 3 months of suspension, two sets of fines, and a mandatory period of a year and six months of the ignition interlock system (trust me here, this is a huge problem).

I was able to argue that refusal should be dismissed because the State had failed to comply (as a matter of law) with the requirements of the implied consent law. The prosecutor agreed and the refusal was dismissed on that State’s motion.

This saved my client from a possible year loss of license and all the other penalties I have outlined above. It was a huge success and he was very happy.


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