DWI Dismissal Of BAC

The attorneys at Aiello, Harris, Abate 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 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.


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 can help.  Only an experienced attorney will be able to properly review the discovery.  The DWI attorneys at Aiello, Harris, Abate 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.

For a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.