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Recent DWI Case Successes for Attorney Porreca

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 90-day suspension.

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.

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