Case Study:

Background

A client was charged with Driving Under the Influence (DUI) in New Jersey after attending a concert. They consumed alcohol but had no memory of driving or being pulled over by police. The client later found themselves at the precinct without recalling how they got there.

There was no physical ticket issued at the time of the incident, and they only became aware of their court date after receiving a notification about a scheduling change.

Legal Strategy

Our legal team identified several factors that could work in the client’s favor:

1. No Clear Evidence of Driving – The client was found asleep in their car, and there was no direct proof they had been operating the vehicle while intoxicated.
2. Lack of Sobriety Testing – The client did not recall taking a breathalyzer or blood test, making it difficult for the prosecution to prove intoxication levels.
3. No Accident or Reckless Behavior – The vehicle was impounded but showed no signs of an accident, reducing the likelihood of an aggravated charge.
4. Step-Down Rule – Since more than 10 years had passed since a prior DUI offense, the case could potentially be treated as a first offense under New Jersey law.

Case Outcome

Our attorneys entered a not guilty plea and requested all relevant discovery materials, including police reports, body cam footage, and any available sobriety test results. The prosecution was unable to produce clear evidence that the client had been operating the vehicle while intoxicated. As a result, we successfully negotiated a dismissal of the DUI charge.

Key Takeaways

• A DUI charge requires proof of operation. If no evidence exists that a person was actually driving, the case may not hold up in court.
• Sleeping in a car while intoxicated does not automatically equal a DUI. Without clear proof of movement, the prosecution may lack the evidence needed for a conviction.
• Early legal action is crucial. Requesting discovery and challenging weak evidence early can lead to a favorable outcome.

By avoiding a conviction, the client was spared from license suspension, significant fines, and long-term damage to their driving record. This case highlights the importance of experienced legal representation in DUI matters.