Please contact us at Edward J. The additional alleged violations were careless driving and failure to maintain lanes, both of which are tied to drunk driving. Normally, it is very difficult for defendants to challenge these allegations. However, the police officer had videotaped the encounter. For months Dimon requested the video tape, and for months his demand was ignored. Clearly being unfairly treated, Dimon made a Holup Motion to have the charges dropped. A Holup motion is very rarely successful.
Possession of Marijuana Case Dismissed
This case dates back to September of This case was literally dismissed just a couple of days ago. My client was operating a motor vehicle, he was driving in a very slow manner and he was actually pulled to the side of the road and the police came along. They thought that he was under the influence of an impairing substance.
Call or contact us online today. Have you been charged with an offense such as a DUI and the prosecutor will not provide discovery no matter how many times you ask? Do you continue to miss work for court and nothing gets resolved? There is a solution. Your attorney can file what is known as a Holup Motion which may bring a final resolution to your drunk driving case in the form of a dismissal. In every case, the State has the obligation to provide discovery upon request. Your attorney will send a letter requesting the proofs under New Jersey Court Rule
The prosecution is obligated to provide discovery in all matters and this blog focuses on discovery issues in New Jersey. Unlike Pennsylvania, DWI is a non-criminal offense but still subjects a person to a mandatory license suspension and up to days in jail for a third offense in the Garden State. Chun, N. In addition to these foundational documents, the prosecution must also provide dashcam videos, MVR, police reports, and any documentation relating to field sobriety testing, and any exculpatory evidence. Your criminal defense lawyer must make a demand for these documents in addition to any other discovery which he or she believes exists in your case.