Today I appeared in the Fort Lee Municipal Court for a client who was charged with Underage DWI (39:4-50.14) and DWI with a BAC of .18 (39:4-50).
He was facing a license suspension of 3 months for the Underage DWI and a license suspension of 7 months for the .18 DWI, amongst other penalties.
However, the State’s discovery packet was missing key evidence. Therefore, the prosecutor agreed to dismiss the Underage DWI and exclude the breath test result from evidence. This meant that my client could not be sentenced to the 7 month loss of license and Interlock installation requirement of a .18 DWI.
Instead, the judge agreed to sentence my client to a 3 month loss of license based on the officer’s observations of my client during the Field Sobriety Tests.