Recent Wins by Musto & Alevras 2nd offense DWI dismissed on a directed verdict following conclusion of States case. The Court held that, based on answers elicited during cross examination, the State did not sustain the necessary burden to require presentation of a defense. The State was required to try this case without the Alcotest results because of failure to adhere to the 20 minute observation period required by State v. Chun, 194 N.J. 54 (2008). This was shown by obtaining in-station surveillance footage of the client being processed. This win was with the assistance of defense experts Gilbert Snowden of DWI Consultants and Dr. Lance Gooberman, both of whom were prepared to testify that the field sobriety tests administered were unreliable given the clients age. The client avoided two to 90 day jails in jail. a two year license loss, 30 days community service, over $3,000.00 in fines and surcharges, the requirement that he install an ignition interlock device in his car for one to three years upon restoration and 48 hours in the Intoxicated Drivers Resource Center (IDRC).
Posted on: Fri, 21 Nov 2014 18:03:22 +0000
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