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Handled thousands of cases in Superior and Municipal Court,including DWIs
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Rutherford DWI Dismissed

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DWI-thumb-250x196-21307Travis J. Tormey of the Tormey Law Firm recently represented a client who was charged with driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50. Unfortunately, the client had one prior DWI offense which occurred almost exactly 10 years before. However, because the offense was not committed exactly 10 years prior or more (it missed by 8 days), this offense would be treated as a second offense DWI under New Jersey law and, as a result, our client was facing a 2 year license suspension, 30 days community service, and up to 90 days in jail.
Mr. Tormey obtained the discovery in the case and isolated many issues related to the Alcotest machine and the field sobriety testing. First, the client’s blood alcohol content (BAC) was .09% which is only slightly over the legal limit of .08% BAC. Moreover, the client suffers from asthma and uses an alcohol inhaler frequently which could have inflated his breath test results. The officer also failed to note that he changed the mouthpiece in between breath samples which could allow mouth alcohol to linger in the mouthpiece and inflate the reading.
Now, once the reading was challenged and suppressed by the prosecutor, the next hurdle to overcome was the observations known as the field sobriety tests. These are typically the one leg stand test and the walk and turn test. Mr. Tormey was able to challenge these results as well based on multiple issues. Our client recently had major back surgery known as a spinal fusion and, therefore, was not medically capable of performing these tests under any circumstances…..ever. He is also over 50 pounds overweight which makes the tests almost impossible to perform as well.
Based on all these issues and the defense tactics of the Tormey Law Firm, the prosecutor agreed to dismiss the DWI because he could not prove the case beyond a reasonable doubt. The client plead guilty to another minor traffic summons for failure to keep right and received a 45 day license suspension for that violation. Needless to say, the client and his wife were elated with the result and promised to use the Tormey Law Firm for all their future legal needs.

Drug Possession Charges Dismissed in Bergen County

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Bergenfield NJ Simple Possession of Marijuana Lawyer

In a great victory for the Tormey Law Firm, a client charged with possession of marijuana and possession of drug paraphernalia recently had his charges dismissed. The client was charged after police observed him sleeping in his vehicle. They woke him up and began asking him questions, finally getting consent search his vehicle. During the search, police discovered several small bags of marijuana, a small bag of cocaine, and a pipe.

Under normal circumstances, this client would have been a perfect candidate for New Jersey’s Conditional Discharge program, which allows first-time offenders an opportunity to have their charges dismissed following successful completion of the program. However, due to a previous incident, our client did not qualify for that program. In this case, the only options were to fight the charges, plead guilty to an offense, or get the charges dismissed.

After a careful analysis of the facts of the case, the relative weakness of the State’s case, and the strength of its cases against several co-defendants, the Tormey Law Firm was able to successfully negotiate dismissal of our client’s charges in their entirety. This allowed our client to maintain his clean criminal record and avoid having a criminal conviction.

If convicted of the charges he was facing, our client could have been facing up to six months in jail, substantial fines, surcharges, and other penalties totaling more than $1,500 on each count. Additionally, he would have faced a mandatory suspension of his driver’s license for a period of six months to two years. In this case, that parade of horribles has been avoided by dismissal of all charges against our client.

The Tormey Law Firm is an experienced trial team that regularly gets outstanding results for its clients. Our aggressive team of attorneys zealously fights to defend our clients’ rights and liberties.

If you or anyone you know has been charged with a criminal offense in New Jersey, protect yourself or your loved one right away by hiring a qualified team who has the experience and expertise to achieve the best possible outcome.

Call the Tormey Law Firm anytime day or night for a free consultation at (201) 556-1570.

Former Giants Offensive Tackle Charged With Sexual Assault

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Lucas-PetitgoutSexual assault charges were filed against Luke Petitgout Tuesday in the Pascack Joint Municipal Court. Petitgout was being held in the Bergen County Jail on $50,000 bail. His attorney, Patrick J. Jennings, said he expected Petitgout to be released soon, adding that the allegations against him are baseless and he intends to vigorously defend his client.

Last year, Petitgout’s wife accused him of hitting her in New York, resulting in a misdemeanor harassment charge being leveled against him. That charge was later dropped.

Petitgout played at the University of Notre Dame before becoming a Giants first-round draft pick in 1999, whereupon he was a starting left guard and right tackle for the team. Following a mid-season injury in 2006, Petitgout was released by the Giants. He went on to play for the Tampa Bay Buccaneers in the 2007 season, but was again injured, resulting in his retirement from professional football.

Depending on the degree of the charges filed against him, Petitgout could face very serious consequences if found guilty. There are multiple degrees of sexual assault that have a wide range of penalties. The most serious, 1st degree aggravated sexual assault, carries a possible term of 20 years in prison as well as mandatory registration and monitoring under New Jersey’s Megan’s Law statute.

It is unlikely that the charges in this case rise to that level, based on the facts that the charges were filed in municipal court and that Petitgout’s bail was set relatively low.

If you or anyone you know has been charged with sexual assault or other crimes, do not delay in obtaining legal representation to protect your rights and your liberties.

The Tormey Law Firm is a highly experienced trial team who is available 24 hours a day to help people charged with criminal offenses. Our aggressive team of criminal attorneys  can ensure that your rights are protected and that you are given the best possible defense.

Call us at (201) 556-1570 for a free consultation.

For more information on Luke Petitgout, access the following article: Ex-Giants Lineman Luke Petitgout Charged With Sexual Assault

Another Victory for the Tormey Law Firm – DWI Charge Dismissed

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East Rutherford Stabbing-thumb-250x174-25030The Tormey Law Firm successfully argued to have a client’s DWI charge dismissed on Monday on the basis that the State’s evidence was insufficient to proceed. In a somewhat rare case, our client was charged under New Jersey’s DWI statute after her friend was pulled over while driving our client’s vehicle.

Our client was asleep in the passenger seat while her friend was stopped and made to perform field sobriety tests. After being transported to police headquarters, the friend was charged with DWI and our client was charged with allowing another person to drive while intoxicated due to the fact that the car belonged to her.

Under New Jersey law, allowing another person to drive while intoxicated is as serious an offense as actually driving while intoxicated. Conviction carries penalties including substantial fines, 3-month driver’s license suspension, up to 30 days in jail, and a $1,000 a year surcharge for three years imposed by the Motor Vehicle Commission. If the offense is in a school zone, a defendant could face up to 60 days in jail, license suspension from 1-2 years, and even higher financial penalties. Additionally, The court must also impose a minimum of 12 hours in the Intoxicated Driver Resource Center, wherein the defendant attends mandatory alcohol and highway safety education courses.

In this case, the Tormey Law Firm’s experienced trial team was able to successfully argue for dismissal of our client’s charge. In achieving this fantastic outcome, we were able to save our client’s driving privileges and keep her from having to pay the substantial financial penalties associated with a DWI conviction.

If you or someone you know has been charged with DWI or any other offense, it is vital that you obtain representation to protect your rights and liberties. The Tormey Law Firm is an experienced trial team who will work tirelessly to get the best possible result for your case.

Call us day or night for a free consultation at (201) 556-1570.

Despite Executive Order, Municipal Prosecutors May Still Plea Bargain Traffic Offenses for Teen Drivers

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red-sticker-new-jersey-platesSince a 2008 executive order prohibited certain plea bargains for teen drivers who had been issued traffic summonses, there has been a general misconception that all plea bargains are disallowed. Thankfully for young New Jersey drivers and their parents, that is not the case.

In 2008, then New Jersey Attorney General Anne Milgram issued an executive order disallowing municipal prosecutors from entering into plea bargains for novice drivers under the Graduated Driver License (GDL) law. That order prevented prosecutors from amending speeding or other violations to no-point violations such as Unsafe Operation of a Motor Vehicle, N.J.S.A. 39:4-97.2. However, this is where the misunderstanding has unfortunately been allowed to spread.

While prosecutors cannot plea these traffic offenses down to zero-point offenses, they do have the authority to plea down to two-point motor vehicle violations. Under the GDL law, drivers face extension of their GDL limitations by six months or even suspension of their driving privileges when they accumulate three points. For young drivers facing these possible penalties, the step down from a four or five-point ticket to two points can make a world of difference, saving inconvenience and money down the road.

By way of example, the Tormey Law Firm recently negotiated the plea bargain of a young client’s traffic ticket for speeding down to a two-point violation and kept that driver’s time spent on the GDL program from being extended by six months. Both the client and their parents were understandably pleased with the outcome.

In cases where a young driver has been issued a traffic summons that could result in the loss of their driving privileges or extension of their GDL limitations such as a curfew or restriction on the number of passengers, it is vital to obtain legal counsel to ensure the protection of their rights.

If you or someone you know has been issued a motor vehicle violation or other traffic summons, call immediately for a free consultation. The Tormey Law Firm is an aggressive, experienced team of criminal trial attorneys who will work for you in order to get the best possible outcome for your case. Call 24 hours a day at (201) 556-1570.

The Tormey Law Firm, LLC, in Paramus, New Jersey, serves clients in Bergen County, Morris County, Passaic County, Hudson County and beyond, including Hackensack, Fort Lee, East Rutherford, Elmwood Park, Englewood, Garfield, Lodi, Lyndhurst, Mahwah, Montvale, Paramus, Jersey City, Morristown, Dover, Denville, Parsippany, Mount Olive Paterson, Clifton, Wayne Palisades Interstate, Ridgefield Park, Saddle Brook and Teaneck.

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The Tormey Law Firm,
LLC
95 South State Route 17
Paramus, NJ 07652
Toll Free: 866-262-4498 
Local: 201-556-1570
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55 Madison Avenue
Suite 400
Morristown, NJ 07960
Toll Free: 866-262-4498
Local: 908-517-3213
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