Category Archives: Criminal Defense

Driving Without Insurance Charges Reduced

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Springfield Municipal Court, 100 Mountain Ave, Springfield, NJ before the Honorable Jonathan H. Rosenbluth, JMC. Municipal Prosecutor, Howard Egenberg, Esq.

The defendant was charged with driving without insurance in violation of N.J.S.A. 39:6b2. The defendant was also charged with leaving the scene of an accident in violation of N.J.S.A. 39:4-129, a traffic violation. The defendant faced a license suspension of 18 months. The prosecutor agreed to amend the no insurance ticket to a reduced charge of failing to exhibit a valid insurance card. The prosecutor reduced the leaving scene charge to N.J.S.A. 39:4-130 failing to report an accident. The defendant’s license was not revoked and paid a minimal fine.

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DWI Charge Dismissal

Timothy J. Broking, Esq. of Aiello Harris Abate, Law Group PC appeared in Branchburg Municipal Court, 1077 U.S. Highway 202 North, Branchburg, NJ before the Honorable William T. Kelleher, Jr., JMC. Municipal Prosecutor, Christopher Bateman, Esq.

The defendant was charged with several moving violations and driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50. Mr. Broking filed a motion to suppress based on the fact that the police officer failed to observe the defendant for a continuous uninterrupted twenty-minute period of observation. The prosecutor agreed to dismiss the blood alcohol reading and all related moving violations.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Driving While Intoxicated Charges Dismissed

Timothy J. Broking, Esq. of Aiello Harris Abate, Law Group PC appeared in Central Municipal Court, Bergen County Justice Center, 10 Main Street, Hackensack, NJ before the Honorable Louis J. Dinice, JMC. Municipal Prosecutor, Mark Fierro, Esq.

The defendant was charged with several moving violations and driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50. Mr. Broking filed a motion to suppress the probable cause for the motor vehicle stop. Prior to being heard on oral argument, the prosecutor agreed to dismiss the blood alcohol reading.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey..

DWI Dismissal Of BAC

The attorneys at Aiello, Harris, Abate, Law Group PC routinely appear in Chatham Township Municipal Court for traffic and drug related offenses including DWI and other misdemeanors.  Recently, the DWI attorneys at Aiello, Harris, Abate, Law Group PC appeared in Chatham Township Municipal Court.  The defendant was charged with DWI (drunk driving) in violation of N.J.S.A. 39:4-50, reckless driving in violation of N.J.S.A. 39:4-96, failure to maintain lane in violation of N.J.S.A. 39:4-88a, possession of an open alcohol container in violation of N.J.S.A. 39:4-51B and maintenance of lamps in violation of N.J.S.A. 39:3-66.

BAC

The defendant’s blood alcohol level was .19, more than double the legal limit of .08.  The defendant was facing a loss of license up to 12 months for the DWI, jail up to 30 days, community service and fines in excess of $1,000.  However, upon review of the discovery materials, it was discovered that the lockout feature on the Alcotest machine did not function normally.  As a result, a DWI expert was retained and prepared a seven page report outlining the deficiencies in the State’s case.

Upon successful argument with the prosecutor, the State agreed to dismiss the blood alcohol reading.  As a result, a plea arrangement was entered into thereby reducing the loss of license from a minimum of 7 months to a maximum of 12 months to only 90 days.  Furthermore, all other remaining charges were dismissed pursuant to the plea including the reckless driving ticket.

If you or someone you know was recently charged with DWI and seek further information on what defenses are available in your case, the NJ defense attorneys at Aiello, Harris, Abate, Law Group PC can help.  Only an experienced attorney will be able to properly review the discovery.  The DWI attorneys at Aiello, Harris, Abate, Law Group PC are made up of both former municipal and county prosecutors as well as recipients of the 2014 client satisfaction award of the American Institute of DWI attorneys.

Chatham Township Municipal Court is held in Madison Township, 50 Kings Road across the street from the Madison Train Station.  Court is routinely held the second Tuesday of every month at 5:00p.m.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Breathalyzer Refusal Charges Dropped

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Morristown Municipal Court, 200 South Street, Morristown, NJ before the Honorable Gary F. Troxell, JMC.  Municipal Prosecutor, Robert J. Rudy, III, Esq.

The defendant was charged with several moving violations, driving while intoxicated, (DWI) in violation of N.J.S.A. 39:4-50, and refusing to give samples of her breath in violation of N.J.S.A. 39:4-50.2  (Refusal)Following arguments presented by Mr. Broking, the prosecutor agreed to dismiss the refusal and all related moving violations.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Linden Municipal Court BAC Reading Dismissed

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Linden Municipal Court, 301 N. Wood Avenue, Linden, NJ before the Honorable Louis M. DiLeo, JMC.  Municipal Prosecutor, Nicholas Scutari, Esq.

Blood Alcohol Readings Dismissed

The defendant was charged with several moving violations and driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50.  The defendant’s blood alcohol content (BAC) registered a reading of .13.  Following a control test failure of the Alcotest machine, the defendant was transported to a neighboring town where she was able to provide samples on a properly working Alcotest machine.  Mr. Broking filed a motion to suppress the Alcotest results due to the fact that the state failed to provide discovery from the neighboring jurisdiction.  The prosecutor agreed to dismiss the blood alcohol reading from the and all related moving violations.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Drug Charges Dropped

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Union Municipal Court, 981 Caldwell Ave, Union, NJ before the Honorable Kelly Waters, JMC.  Municipal Prosecutor, Michael Wittenberg, Esq.

The defendant was charged with drug possession and possession of drug paraphernalia in violation of N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2.  Mr. Broking filed a motion to suppress based on lack of probable cause and following oral argument, Judge Waters granted Mr. Broking’s motion to dismiss.  As a result, all charges were dismissed by Judge Waters.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Driving While Revoked Charges Dropped

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Bergenfield Municipal Court 198 N. Washington Avenue, Bergenfield, NJ before the Honorable Helene C. Herbert, JMC. Municipal Prosecutor, Michael Purvin, Esq.

The defendant was charged with multiple traffic violations: driving on the revoked list in violation of N.J.S.A. 39:3-40 and careless driving in violation of N.J.S.A. 39:4-97.  The defendant’s license had been revoked for driving while intoxicated and faced an additional 1-2 year loss of license and 10 to 90 days in county jail with a fine of one-thousand dollars. Due to the arguments of defense counsel, the prosecutor agreed to dismiss the driving while revoked charge. As a result, the defendant paid a minimal fine and did not go to jail nor lose her license.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Simple Assault Charges Dropped

James R. Pastor, Esq. of Aiello, Harris, Abate Law Group PC appeared in South Amboy Municipal Court, 140 N. Broadway, South Amboy, NJ before the Honorable James Hoebich, JMC.  Municipal Prosecutor, Thomas Downs IV.

Defendant charged with simple assault, NJSA 2C:12-1(a)(1).  Prosecutor agreed to dismiss charges against the defendant.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Traffic Ticket Plea Agreement

James R. Pastor, Esq. appeared in the Warren Township Municipal Court, 46 Mountain Blvd., Warren, NJ before the Honorable Mark S. Adler, JMC and Steven D. Rothblatt, prosecutor.

Client charged with multiple traffic offenses: NJSA 39:4-50 (DWI); NJSA 39:4-96 (Reckless Driving); NJSA 39:4-97 (Careless Driving); NJSA 39:4-98 (Speeding); NJSA 39:4-82 (Failure to Keep Right); NJSA 39:8-1 (Failure to Inspect);

Successfully negotiated a plea bargain on behalf of the client.  Pleaded guilty to DWI under NJSA 39:4-50 under the lower tier with a 3 month suspension of driving privileges.  All other charges against the defendant were dismissed.  Total of 12 points saved under plea agreement.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.