Municipal/Traffic Law

When you are going up against the State of New Jersey you need experienced legal counsel. Regardless of whether you are facing an indictable criminal charge in the Superior Court, a drug charge in Municipal Court, a DWI, or even a simple motor vehicle charge you want to have the best possible result. Thomas H. Martin has been helping people face the most difficult of situations for years.

MUNICIPAL/TRAFFIC RESULTS OBTAINED BY MR. MARTIN:

2006-D.W.I.-Municipal-Burlington County, NJ

         Defendant, F.M., was charged with D.W.I. under statute N.J.S.A. 39:4-50, and reckless driving under N.J.S.A. 39:4-96, after having been in a one-car accident and after having been discovered by the New Jersey State Police in the median area of the Garden State Parkway. The arresting officer noted that F.M. appeared to be under the influence of narcotics. A series of Standarized Field Sobriety Tests (SFTS's are a.k.a. road side sobriety tests or balance and coordination tests) were performed and the officer opined that F.M. failed all of these tests. F.M. could not talk clearly, was slurring and found to be in possession of xanax.

         At the State Police barracks, F.M. was subject to a urine test and/or urinalysis; which resulted in a positive finding for drugs. F.M. was also analyzed by a Drug Recognition Expert (D.R.E.). A D.R.E. is an officer who has undergone extensive training and testing which permit him or her to offer an expert opinion that a defendant is under the influence of drugs for purposes of charging the defendant with D.W.I. or N.J.S.A. 39:4-50. A D.R.E. must continually be recertified when his or her current certificatioin expires to ensure the integrity of his or her opinion.

RESULT :

       After a detailed review of the discovery (evidence) and an investiagtion of the D.R.E.'s background and training, Mr. Martin discovered the officer was not current in his certification at the time of the D.R.E.'s analysis of F.M. As such, the D.R.E. would have not been permitted to testify at trial. Mr. Martin was able to get the D.W.I (N.J.S.A. 39:4-50) ticket dismissed in exchange for a guilty plea to the reckless driving ticket (N.J.S.A. 39:4-96). As part of the dismissal of the D.W.I. ticket, which would have resulted in a seven to twelve month license suspension, the plea bargain called for a sixty day license suspension under the charge of N.J.S.A. 39:4-96.