Vehicular Homicide

Successfully defended S.M. in a Municipal Court in Middlesex County for a charge of Driving While Intoxicated and Refusal to Provide Breath Samples upon request. S.M. was purportedly observed by a pair of “Good Samaritans” who claimed they observed him drinking an alcoholic beverage while walking out of liquor store and then continue to drink as he drove away. While following him, they contacted 911 and claimed they were directly observing repeated motor vehicle infractions consistent with an intoxicated driver. After the police became directly involved and arrested S.M., he refused to provide breath samples. Mr. Kessous was nonetheless able to resolve the matter to a dismissal of the Refusal charge, saving S.M. what would have been an additional minimum four (4) to twelve (12) month term of suspension of his driving privileges as well as additional fines and mandatory installation of the Ignition Interlock system into his vehicle.

Successfully defended G.P.T. for a DWI/DUI violation in a city in Union County. This offense was particularly serious as it was a third (3rd) DWI violation and it occurred within 1000’ of a designated School Zone. G.P.T. was exposed to a mandatory six (6) months in jail and the loss of driving privileges for over a decade, among many other penalties. Through litigation over a five (5) month period, Mr. Kessous was able to persuade the State and the Court to suppress the per se (“presumptively guilty”) Breath Test reading and ultimately obtain a complete dismissal of the DWI/DUI allegation.

Successfully represented E.C. in a Municipal Court in Middlesex County for a charge of Driving While Suspended and improper backing. With the assistance of Mr. Kessous, E.C. was convicted of a mere document violation of failure to produce a valid license at the time of the stop, thus saving E.C. thousands of dollars in fines, surcharges and increased insurance premiums.

Successfully defended J.D. in Monmouth County. Initially charged with a 3rd degree crime of Aggravated Assault with an automobile, J.D. was specifically accused of attempting to “run down” her estranged spouse during the course of a domestic dispute. After discussions with the Monmouth County Prosecutor’s Office, the matter was remanded as a Disorderly person’s offense to the local municipality. Subsequently, J.D. entered a guilty plea to a mere local ordinance/non-criminal violation of being loud in public and paid a fine less than $200. All other charges, even the reckless driving ticket, were dismissed.

Successfully defended J.V.R. for an Indictment for 2nd Degree charges of an automobile Burglary and Possession of a Firearm in Mercer County. If convicted, J.V.R. would have been susceptible to a prison sentence of 5 to 10 years, subject to NERA 85% ineligibility for Parole. Furthermore, as a Legal Permanent Resident and not a U.S. Citizen, he was also susceptible to deportation following his prison sentence. As the J.V.R. was positively identified by the victim and the police having garnered a Mirandized confession absent counsel, the case was difficult. Nonetheless, after fully gauging the facts and circumstances of the case, Mr. Kessous was able to resolve the matter with the Prosecutor and the Court to merely a Disorderly Persons (misdemeanor) offense of Trespassing. This resolution maintained a fine of less than $200 and no additional incarceration or probation. It further gave J.V.R.’s immigration attorneys the ability to fight for him to be able to maintain his legal status in the U.S.