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CASE RESULTS



DWI/DUI

State v. J.C - Driving While Intoxicated - Case dismissed
J.C. was charged in Atlantic City with driving while intoxicated. Ms. Westcott moved before the Court seeking an Order adjudicating the Alcotest reading inadmissible based on a calibration issue. The motion to suppress was granted. Thereafter, the prosecutor conceded the observation case and the charges were dismissed.


State v. A.B. - Driving While Intoxicated - Case dismissed
A.B. was charged with driving while intoxicated and possessing an open container of alcohol in her motor vehicle. Ms. Westcott successfully challenged the breath-testing procedures and the observations of the arresting officers. The prosecutor conceded the case and dismissed the driving while intoxicated charge.


State v. J.V. - Driving Under the Influence - Case dismissed
J.V. was charged in Atlantic City with driving under the influence of marijuana after a traffic stop for reckless driving. Ms. Westcott challenged the State's forensic report and obtained a dismissal of the driving under the influence.


State v. N.M. - Driving While Intoxicated - Case dismissed
N.M. was arrested for driving while intoxicated at a motor vehicle checkpoint in Linwood (Atlantic County). Ms. Westcott successfully challenged the police checkpoint procedures and obtained a dismissal of the driving while intoxicated charge.


State v. B.C. - Allowing Driving While Intoxicated - Motion to dismiss granted
B.C. was charged in Evesham (Burlington County) with allowing her boyfriend to drive while intoxicated. The State aggressively pursued prosecution against B.C.. Ms. Westcott filed a motion to dismiss arguing that the State lacked objective proof of knowledge. The Court agreed and the motion to dismiss was granted.


State v. F.A. - Driving Under the Influence - "Not Guilty" verdict
F.A. was charged in Brigantine (Atlantic County) with driving under the influence of drugs and alcohol. He was also in possession of several pills, including Valium. Ms. Westcott successfully moved to suppress the Alcotest reading based on a procedural technicality. At trial, she thwarted testimony from State witnesses as to observations and attacked the credibility of the State's Drug Recognition Expert, obtaining a "Not Guilty" verdict.


State v. J.F. - Driving Under the Influence - Cases dismissed/reduced pleas
J.F. was charged with driving under the influence and possession of CDS (Oxycodone) as the result of a traffic stop in Somers Point (Atlantic County). Three weeks later, J.F. was involved in an accident and charged with driving under the influence and possession of CDS in Northfield (Atlantic County). These charges represented J.F.'s third and fourth DWI/DUI offenses. In both cases, J.F. was arrested and taken to the police station where officers collected a urine sample. Based on new case law, Ms. Westcott successfully filed motions to dismiss asserting unreasonable search and seizure of J.F.'s urine. In both jurisdictions, the prosecutors conceded and the DUIs were dismissed. J.F. obtained reduced pleas of reckless driving, saving him a year in jail, 20 years loss of license, and $6,000 in surcharges.


State v. R.C. - Driving Under the Influence/Drug Possession - Case dismissed
R.C. was charged with driving under the influence and possession of CDS ( Valium and Suboxone) in Egg Harbor Township (Atlantic County). Ms. Westcott successfully moved to suppress the drugs and attacked the credibility of the State's Drug Recognition expert. The case was dismissed.


State v. J.S. - Driving Under the Influence/Drug Possession - Partial dismissal/conditional discharge
After J.S. was pulled over for speeding in Gloucester Township, police recovered marijuana in her vehicle and charged J.S. with driving under the influence and possession of marijuana. Ms. Westcott was able to demonstrate to the prosecutor that the DUI case was flawed and the charge was dismissed. Thereafter, Ms. Westcott successfully applied to the Court for a conditional discharge of the drug possession charges.


DRUG CASES

State v. J.F. - Drug Possession - "Not guilty" verdict
J.F. was charged in Margate (Atlantic County) with possession of marijuana. Following a traffic stop for traveling the wrong way on a one-way street, police recovered marijuana in J.F's vehicle. Ms. Westcott tried the case based on a knowing possession issue and obtained a "Not Guilty" verdict.


ASSSAULT/TRESPASS/
CRIMINAL MISCHIEF

State v. V.A. - Assault - Case dismissed
V.A. was charged in Longport (Atlantic County) with assault and trespass when he entered a home uninvited and an altercation ensued. Ms. Westcott successfully demonstrated that V.A.'s actions were reasonable under the circumstances and secured a dismissal of all charges.


State v. J.A. - Criminal Mischief (4th Degree) - Case dismissed

J.A. was charged in Ventnor (Atlantic County) and indicted for criminal mischief at a house party. Guests were drinking and a fight broke out resulting in an individual being seriously injured. Ms. Westcott presented exculpatory evidence (evidence that exonerated J.A.) to the prosecutor and obtained a dismissal of the indictment.


BURGLERY/THEFT

State v. J.F. - Burglary (3rd Degree) - Reduced plea 
J.F. was charged with burglary in the 3rd degree for entering a vehicle in Somers Point Ms. Westcott was able to demonstrate to the prosecutor that J.F. did not possess the required mens rea (criminal intent). The case was downgraded to a petty offense of trespass and the burglary charge was dismissed.

LEAVING THE SCENE OF AN ACCIDENT


State v. A.S. - Leaving the Scene of an Accident - Case dismissed

A.S. was involved in an accident and left the scene in Wildwood City. Ms. Westcott was able to demonstrate to the prosecutor that A.S. lacked the requisite knowledge the state needed to prove the case beyond a reasonable doubt. The case was dismissed.


SPEEDING


State v. K.P. - Speeding - Motion to dismiss granted
K.P was charged with driving 110 MPH in Egg Harbor Township. Ms. Westcott filed a motion challenging the accuracy of the speed radar device. The motion was granted and the case was dismissed.


PERSONAL INJURY

R.C. v. W.L - Personal Injury Award
While operating a limousine, R.C was involved in a motor vehicle accident. R.C.'s vehicle was forced off the road and he sustained permanent injury to his neck. Prior to trial, Ms. Westcott settled the negligence claims against W.L. for  $98,000.


S.H. v. J.G. - Personal Injury Award
S.H. was a passenger in a motor vehicle that was struck from behind. S.H. sustained injury to her lower back that subsequently required surgery. Prior to trial, Ms. Westcott settled the negligence claims against J.G. for  
$40,000.

ECONOMIC LOSS CLAIM


A.T. Inc. v. A. of N.J, Inc. - Economic Loss Claim

A parking garage collapsed in Atlantic City, interrupting A.T's business operations. Ms. Westcott aggressively asserted claims against multiple defendants in a consolidated litigation case. After arbitration and prior to trial, Ms. Westcott obtained a settlement of the business interruption claims against A. of N.J. for  $85,000.