Chat with us, powered by LiveChat

Point Pleasant Office

FREE CONSULTATION 24/7

Blog

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Ocean County and New Jersey.

Schedule free Consultation

This week, our office successfully represented an individual who was charged with Driving While Intoxicated after allegedly consuming alcohol and had also given an incriminating statement regarding his consumption of prescription Ambien prior to driving. Interestingly, our client believed that he had gone to bed and in fact had no recollection of getting dressed and driving his car. He was pulled over by local police officers for reckless driving and failure to maintain lanes. Upon smelling the odor of alcohol on our client’s breath, the officers arrested him, brought him back to the police station and administered the Alcotest 7110. While substantial, his BAC did not meet the per se intoxication level of .08%. Pursuant to New Jersey law, however, a defendant’s BAC need not hit 0.08% in order to be convicted of Driving While Intoxicated. This is because officer observation as to intoxication can suffice as proof of intoxication. Additionally, our client’s incriminating statements as to his consumption of alcohol and Ambien provide the State with ample proof of intoxication by way of a drug and alcohol “cocktail”. In his defense, our office raised various arguments before the State. These included; 1) the defendant’s low BAC%; 2) a growing number of cases involving “sleep driving” by Ambien consumers which hold that there was no actual intent to drive and, therefore, no actual operation; and 3) the State’s failure to produce a report by a Drug Recognition Expert (DRE) to determine that our client was under the influence of any prescription drugs at the time of the arrest. As a result, the DWI was dismissed.

State v. I.T.

Berkeley Township NJ DWI Lawyer

Bayville NJ Drug DUI Attorneys

 

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.

POINT PLEASANT OFFICE

3828 River Road, Point Pleasant, NJ 08742

Phone: (848) 238-2100

By Appointment Only

Map and Directions

EDISON OFFICE

3840 Park Ave, Suite 202 A, Edison NJ 08820

Phone: (732) 659-9600

By Appointment Only

Map and Directions

JERSEY CITY OFFICE

242 10th Street Suite 103 Jersey City, NJ 07302

Phone: (201) 793-8018

By Appointment Only

Map and Directions

CRANFORD OFFICE

20 Commerce Drive, Room 135 Cranford, NJ 07016

Phone: (908) 838-0150

By Appointment Only

Map and Directions