State v DI, Fort Lee Municipal Court
In State v. DI, a municipal court case in Fort Lee, New Jersey, Clifford E. Lazzaro, P.C. successfully defended a commercial driver charged with multiple offenses, including both a basic DWI and a commercial DWI. The defendant had been operating a van used to transport senior citizens to medical appointments when the incident occurred in June 2019.
A dash-mounted camera captured the driver stopping to make a street purchase of ketamine. It also captured him ingesting the drug and slipping into a trance-like state. He then drove the van onto a sidewalk and a grassy hill with passengers still onboard.
Multiple Charges Filed After Video and Blood Test Evidence
After witnesses called the police, officers arrived to find the defendant heavily sedated and incoherent. He was arrested and charged with numerous offenses, including disorderly conduct (endangering the welfare of others), commercial and basic DWI, careless driving, and several other motor vehicle violations.
Police secured a blood search warrant, and a subsequent lab report confirmed the presence of ketamine in the defendant’s system.
Expert Analysis Leads to Dismissal of Both DWI Charges
Clifford E. Lazzaro retained a toxicology expert to challenge the State’s lab results. The expert’s findings created enough doubt regarding the accuracy and reliability of the test that the municipal prosecutor dismissed both DWI charges.
The defendant pleaded guilty to a reduced set of charges, including the disorderly persons offense, careless driving, and improper lane and sidewalk use. He received 18 months of probation, no jail time, and fines. Judge John R. DeSheplo issued the sentence in December 2019.
DWI Defense for Commercial Drivers in New Jersey
If you’re a commercial driver facing DWI or drug-related motor vehicle charges, Lazzaro Law can help protect your record and career.