DWI Trial Victory in Essex County Municipality, Second Offense


As an initial point, I specifically do not list the towns when I post results. I feel that this is not professional. However, if you are interested in such things, I will certainly be willing to discuss it with you during a consultation.

In this recent case, my client was facing a second offense DWI conviction. If convicted, he faced a mandatory 2 year loss of license and a potential 90 day jail sentence. Jail is not mandatory in second offenses with the exception of 2 days, which can be served in the IDRC program. However, factually this was the third offense, with a ten year step-down for sentencing purposes. I was concerned that the judge would impose jail if we lost because of this fact.

Regardless, I cross examined the officers involved and was able to establish a reasonable doubt as to the element of operation. By doing this, the state did not get to rely upon the Alcotest readings and the defendant was found not guilty. I also cross examined the officers on the field sobriety test. Although the judge found probable cause for the arrest, it was clear from the oral decision that notwithstanding the operation issue, she was less than convinced on this issue as well, but did not need to reach it because of the operation issue.

My client was extraordinarily happy with the result and will be able to keep his job, his house, etc.


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