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Greggory M Marootian's Answers
- 71 Legal Answers
- 3 Legal Guides
4
Attorney answers:
Can the law come after me for a drivers violation after l lost my license for 1 month for careless driving a yr. ago.
I suggest that you call the Court. Explain that you received a lawyer solicitation letter and want to know if your case was placed back on the calendar for some reason. You should have received a notice to appear in Court if there was an issue, so I can understand your confusion. One can only speculate, but a few possibilities are: (1) you have fines/court costs that are outstanding, or (2) there were conditions imposed when you plead guilty such as counseling, that were not met. Or, this could...
7 lawyers agreed with this answer
6
Attorney answers:
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What are the penalties for Dwi in a school zone?
Because you were previously convicted of DWI (non school-zone), you are a 1st DWI school-zone offender (not a 2nd). Your statutory sentencing exposure (as a 1st school zone offender) is a fine of not less than $500 or more than $800, jail for not more than 60 days, and license suspension of not less than one year or more than two years. You are however, facing statutory sentencing as a 2nd DWI offender (assumign that the 1st offense was within ten years of your 2nd). If convicted, you are...
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3
Attorney answers:
Dui in pa what happens in nj
The Statute (NJS 39:3-40) provides in pertinent part that “No person … whose driver's license or reciprocity privilege has been suspended or revoked … shall personally operate a motor vehicle during the period of … suspension [or] revocation…” The issue in your case will hinge on how the Court interprets the term “reciprocity privilege.” You have significant sentencing exposure (1 to 2 year license loss and 10 to 90 days jail). You need an Attorney. This is clearly not the type of case that...
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4
Attorney answers:
Driving while suspended, Hindering in NJ
It depends on: (1) the reason for your suspension, and (2) whether you have any prior convictions for driving while suspended. You need to post these additional details for an accurate response.
5 lawyers agreed with this answer
3
Attorney answers:
DUI expunged in PA does it show on NJ driving record?
The Statute (NJS 39:3-40) provides in pertinent part that “No person … whose driver's license or reciprocity privilege has been suspended or revoked … shall personally operate a motor vehicle during the period of … suspension [or] revocation…” The issue in your case will hinge on how the Court interprets the term “reciprocity privilege.” You have significant sentencing exposure (1 to 2 year license loss and 10 to 90 days jail). You need an Attorney. This is clearly not the type of case that...
5 lawyers agreed with this answer
4
Attorney answers:
My Bac was a .10 is this low enough to avoid further asessment besides mandatory idrc?
Clients with 2nd or 3rd offenses are always required to attend some form of after-care. Clients with 1st offenses are sometimes required to attend after-care (counseling). A high BAC will flag a client and made after-care more probable. The BAC alone is not the determining factor. You will be asked to fill out a questionnaire and you will be interviewed. If it is determined that you need after-care (if the IDRC determines that you have a pathological issue with alcohol/drugs), you will be...
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4
Attorney answers:
Any possibility getting Driver license back earlier then i suppose to?
I assume the suspension was Court-Ordered (as opposed to NJ MVC-Ordered). Pursuant to New Jersey Court Rule 7:9-4, you have a right to Move for a "Reduction or Change of Sentence." Rule 7:9-4(a) provides that "[t]he court ... may reduce or change a sentence, either on its own motion or on the motion of defendant, which may be either oral or written, at any time during which the court retains jurisdiction over the matter." This would require an adequate showing of just cause. This is highly fact-...
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5
Attorney answers:
Is jail time mandatory for a 3rd DUI conviction?
Jail (180 days) is mandatory for a 3rd DWI (with up to 90 days credit for approved in-patient rehabilitation). This would be considered a 3rd offense even though the 1st offense is over ten years old. Because the gap between #2 and #3 is less than ten years, the Statute regards this as a 3rd offense. It might be possible however, to avoid the jail by going back into the Courts where he was previously convicted and vacating the prior convictions (through a process known as Post Conviction...
4 lawyers agreed with this answer
3
Attorney answers:
If one is arrested for dwi in NJ, do I have the right to refuse field sobriety tests as long as I submit to breath/blood tests?
You have a right to refuse field sobriety tests without statutory penalties. NJ Law requires that you submit to breath testing. A Court may however, look at the refusal to submit to field sobriety tests as evidence of guilt to DWI. In other words, the Court can draw an inference that you refused to perform field tests because you knew you would fail – because you were drunk. Greggory M. Marootian, Esq.
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5
Attorney answers:
I was arrested for DWI and got a ticket for 39:4-7 & 39:4-85.1. It's my 1st offense. Clean record. How can I keep my license?
If you are found guilty of or plead guilty to DWI, your license must be revoked unconditionally (i.e. there are no work or conditional licenses). If the breath test (“Alcotest”) result is valid (i.e. the State proves that the results were scientifically and procedurally reliable) and over .10%, the license loss is seven months (to one year). If the readings can be excluded and the observations made of you are otherwise sufficient to prove that you were intoxicated, the license loss is three...
4 lawyers agreed with this answer