Attorney Porreca, our founding attorney, has been defending individuals
accused of crimes for years. One of the types of crimes he focuses on
is driving while intoxicated (DWI). Recently, he had a number of successful
DWI cases in court.
First of all, Attorney Porreca had one DWI charge completely dismissed
for one client after New Jersey failed to provide discovery in a timely fashion.
All charges against our client were dismissed.
Additionally, Attorney Porreca had a refusal charge dismissed by filing
a Motion to Dismiss based on a recent case. The case specifies charging
a defendant under New Jersey’s “Implied Consent” statute
(NJSA 39:4-50.2) is improper because the accused was not given any notice
of the actual consequences of refusal. Likewise, the summons cannot be
amended after the 90-day statute of limitations has run. The proper law
is NJSA 39:49-50.4(a). In this case, specifically, our client was charged
under statute 50.2, and 90 days had already passed. Attorney Porreca then
filed to dismiss based on
State vs. Nunnally, wrote a brief, and the prosecutor agreed to dismiss the refusal charge
(which carries a 7-month license loss all by itself). Because there was
no blood alcohol reading after the client refused to take it, the state
had no choice but to offer a plea to Tier 1 DWI, which only carries a
In another case, Attorney Porreca needed to defend a client accused of
a DWI involving a controlled dangerous substance (CDS), meaning alleged
marijuana. In the case, the defendant had hit a parked car and drove home
without calling the police or leaving his personal information. Law enforcement
never saw him drive. However, they stopped at the scene to interview the
parked-car owner and followed the trail of fluids to the client’s
house. After knocking on the door, the client and his parents came out.
The police then put the client through field sobriety tests and determined
he was under the influence of marijuana. The important piece of information,
however, is that they could not prove
when or even
if the client was under the influence at the time he was driving. The DWI
case was dismissed.
If you’re facing a DWI charge, make sure you have excellent representation.
Talk to our
skilled DWI defense attorney at The Law Offices of Christopher G. Porreca, P.C. for a free case consultation
today. Attorney Porreca is ready to handle any
criminal defense case that heads in his direction. He is capable of credible and aggressive
defense, which may be your only chance of staying out of jail or avoiding
a huge legal fine. From 2006 to 2011, he was also included in the Super
Lawyers® list as a Rising Star among lawyers under 40 in New Jersey.
Let us see what we can do for you.
Contact us at (866) 360-2103 or fill out our online form today.