How Do You Get a DWI Dismissed in Essex County, NJ?
Posted by Scott Gorman - February 14, 2023

When facing a DWI charge, the best-case scenario is having your charge dismissed. If you can get your case thrown out, you won’t have to worry about the consequences of a conviction, and you will be able to get back to your normal life. So, how can you get your case dismissed? Essex County DWI lawyer Scott Gorman explains:

What It Takes to Get a DWI Charge Dismissed in Essex County

Getting a DWI charge dismissed in Essex County involves preventing the prosecution from proving your guilt beyond a reasonable doubt. While this can involve proving that you were sober, it is entirely possible (and not at all uncommon) to avoid a conviction even after drinking and driving.

Let’s consider a common scenario: You were out drinking with friends on Saturday night. You requested an Uber but your driver never showed up, so you decided to drive. On your way home, you got stopped, blew above the legal limit, and got arrested for DWI.

While this may sound like an open-and-shut case, you could still have a variety of defenses available in this scenario. For example, some of your options for getting your DWI dismissed may include:

  • Challenging Your Traffic Stop – If the police stopped you without “reasonable suspicion,” then all of the evidence obtained during your DWI stop may be inadmissible in court.
  • Challenging Your Arrest – If the police arrested you without “probable cause,” this could also prevent the prosecutor’s office from using its evidence against you.
  • Exposing Prosecutorial Misconduct – Prosecutorial miscues like withholding key evidence can lead to inadmissibility—and ultimately to the dismissal of your DWI charge—as well.
  • Exposing Gaps in the Prosecution’s Case – Even if the prosecution’s evidence is admissible, prosecutors must still have all of the evidence they need to prove your guilt beyond a reasonable doubt.

We emphasize “may” because the options you have available depend heavily on the circumstances surrounding your DWI arrest. Did the police stop you illegally? Did they arrest you without probable cause? Was the breathalyzer device properly calibrated? Did the arresting officer adequately explain how to perform the field sobriety tests? These are all questions—among many others—that will play an important role in determining your chances of getting your DWI charge dismissed.

What if You Can’t Get Your DWI Charge Dismissed?

Now, let’s say you got caught drinking and driving, and let’s also say that you aren’t able to assert any of the defenses we just discussed. What are your options in this scenario? To mitigate the consequences of your DWI arrest, a lawyer may be able to help you:

  • Get your charge reduced to a “wet reckless;” or,
  • Get the judge to impose a reduced sentence.

Both of these are far better outcomes than facing the maximum penalties for a DWI. A DWI conviction is truly a life-changing experience, and you owe it to yourself to fight by all means available.

Schedule a Free Initial Consultation with Essex County DWI Lawyer Scott Gorman

Do you have grounds to get your DWI charge dismissed? Contact us to find out. To schedule a free initial consultation with Essex County DWI lawyer Scott Gorman, call 862-250-6201 or tell us how we can reach you online now.

Published in Categories: DUI / DWI