Sutnick & Sutnick Attorneys at Law
X
X

Default Template

People sometimes use poor judgment when alcohol is involved. Being stopped by police for impaired driving can be a sobering experience, but facing a drunk driving charge can have serious and life-changing consequences. Even when there is no charge, the implication that alcohol was involved may prompt legal challenges.

Consider the case of a New Jersey State Police detective who was involved in a March 2009 automobile accident on Interstate 295. Authorities say the officer was off duty and driving an unmarked car when his vehicle hit the back of an SUV, causing it to flip onto its roof.

In the accident report, state troopers wrote that the offending driver fell asleep at the wheel. Officers did not perform a field sobriety test or any other test for alcohol, but two emergency responders reported smelling alcohol.

In March 2012, the off-duty officer was charged with reckless driving. Four months later, he was indicted for assault by automobile. He has pleaded not guilty and hopes to have some charges dismissed. Because responding officers did not test for alcohol, prosecutors say they have no legal way to prove the off-duty officer was intoxicated and thus might have to drop the assault charge.

Many people in the general public will likely want to see a stiff punishment because they believe that police officers should know the law well enough to not violate it. But things aren't always as they appear. Just because police didn't perform any alcohol tests doesn't mean there was corruption, but their negligence could help the man's defense.

Source: Nj.com, "Indictment against state police detective involved in car crash could be dismissed," Christopher Baxter, Dec. 28, 2012

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • "Sutnick & Sutnick are two truly outstanding lawyers. They have helped me with several difficult issues over the years, and have never failed me once.

    I wholeheartedly recommend them to whoever reads this, as I do to all my friends and family whenever they need help. They are kind, professional, and know what they’re doing." T.K.

Results may vary depending on your particular facts and legal circumstances.

View More

Do You Have Questions? We Have Answers.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • new jersey supreme court
  • HLA

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Results may vary depending on your particular facts and legal circumstances.

Court Plaza South, West Wing
21 Main St #171
Hackensack, NJ 07601

Phone: 201-212-4532
Fax: 201-342-7557
HACKENSACK OFFICE

172 East 161 Street
Bronx, NY 10451

Phone: 201-212-4532
Phone: 212-414-4330
Fax: 201-342-7557
BRONX OFFICE

500 Valley Road
Wayne, NJ 07470

Phone: 201-212-4532
Fax: 201-342-7557
WAYNE OFFICE