We were presented with a challenging DWI case involving an individual who had a prescription for Valium and other drugs. Our client was in a single car accident, hit his head and was injured in the crash. The police arrived at the scene shortly after the accident and the client was confused and disoriented. During the police investigation prescription drugs were found in the vehicle. The client was charged with DWI, reckless driving and a host of other charges. We challenged the case from the beginning requesting extensive records regarding the chemical tests taken at the hospital. In this instance the blood test revealed Valium and other prescription drugs. In this case, as in most NJ blood test cases, the police only received a confirmatory test showing what drugs were in the driver's system but not the amount or level of those drugs in the system.
We immediately retained the services of an expert chemist and obtained our clients medical and prescription records to prove that the drugs found in the system were consistent with a therapeutic dose and did not prove intoxication. We obtained a directed verdict of not guilty in the case and the client was able to move forward without any loss of license. The use of the best experts and a vigorous defense led to vindication.