Outcome: Dismissal Of Second Offense DWI Somerset County
Mr. Abate frequently says the future can be better than the present. This case is an example of that saying. Mr. Abate’s client was found asleep in his vehicle, waiting for a tow truck after becoming disabled in his car. Mr. Abate obtained video evidence and presented expert testimony to demonstrate that the state could not prove the client was impaired beyond a reasonable doubt. Mr. Abate also presented specialist testimony demonstrating procedural and calibration issues regarding breath testing conducted on the Alcotest 7100. As a result, the DWI charge was dismissed against the client. The client works professionally and could keep his job, profession, and home. Thus, his future is again looking better than his present or past.
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