Howard Woodley Bailey’s Answers

Howard Woodley Bailey

Newark Criminal Defense Attorney.

Contributor Level 20
  1. I was pulled over at an obvious speed trap. I was not speeding and received no moving violations. Driving while suspended????

    Answered 7 months ago.

    1. Howard Woodley Bailey
    2. Mark M Cheser
    3. James Alexander Abate
    4. Jennifer Melissa Mendelsohn
    4 lawyer answers

    Go to the MVC with enough identification (check their website) to establish the 6-points needed to show that you are you, and that you live at the new address. While you are there, pay the restoration fee and even if they will not re-issue your license because of the unpaid tickets, get at least the State issued ID with your current address. Get a list of the towns where the parking tickets are and get them paid. Then go to the town where you got the 3:40 violation and produce all of the above,...

    7 lawyers agreed with this answer

  2. I received an order of suspension of my drivers license back in 2005 for failure to appear since I moved back to New Jersey I we

    Answered 7 months ago.

    1. Howard Woodley Bailey
    2. Douglas Wayne Jones Jr
    3. Mark M Cheser
    4. Christopher T Campbell
    4 lawyer answers

    No. As my colleague stated, you do not get credit for the one suspension against the DWI suspension.

    7 lawyers agreed with this answer

  3. Can your NJ drivers license get suspended for not paying a parking ticket?

    Answered 8 months ago.

    1. Greggory M Marootian
    2. Alissa D Hascup
    3. Howard Woodley Bailey
    4. Mark M Cheser
    5. Douglas Wayne Jones Jr
    5 lawyer answers

    Yes. If you drive after it has been suspended, you face a 39:3-40 violation (driving on the revoked or suspended list).

    7 lawyers agreed with this answer

  4. Attorney's Hourly Rate

    Answered 8 months ago.

    1. Howard Woodley Bailey
    2. Kevin H. Pate
    3. Andrew Dennis Meyer
    4. Rixon Charles Rafter III
    4 lawyer answers

    If you have an atty and have a retainer agreement, it should address who is the primary atty for your case, and what the charges are. Alternate attys and their rates are also typically listed. If you are confronted with an actual incidence where you are not sure who is doing your representation, or what the applicable rates are, contact the atty who is listed in the agreement and discuss your concern with them.

    7 lawyers agreed with this answer

  5. I HAVE A NEW JERSEY LICENSE. I AM 100 PERCENT TRULY MOVING TO THE BRONX. I HAVE A DWI SUMMONS BUT NO COURT DATE. CAN I GET NY LI

    Answered 8 months ago.

    1. Howard Woodley Bailey
    2. Santos A Perez
    3. Mark M Cheser
    3 lawyer answers

    If you move to NY before the DWI case is resolved, you can apply for a NY license. Be candid with them, because I believe NY still has the policy allowing a brief suspension in NY for an out of state DWI, and then they reissue the NY license. Confirm that with the NY MV agency before you transfer the license. You would still not be able to drive in NJ until the NJ driving privileges are restored, by you paying the restoration fee at the end of the suspension period. Get a good NJ DWI Lawyer to...

    7 lawyers agreed with this answer

  6. I was in a MVA and received a careless driving ticket. I pleaded guilty and paid the fine. 85 days later I was issued a DWI.

    Answered 8 months ago.

    1. Howard Woodley Bailey
    2. Andrew Ryan Kravis
    3. David L Le Roy
    4. William J Popovich
    5. Mark M Cheser
    6. ···
    10 lawyer answers

    If this is from the same event, there may be issues that can be raised as a legal challenge to the DWI being charged after the earlier disposition being entered against you. This not something that can be evaluated without a complete review of all of the discovery and perhaps the transcript of the proceeding where you entered the guilty plea to ascertain whether the court or prosecutor made any reference to the possibility of this DWI charge being filed. DWI cases in NJ move very quickly, and...

    7 lawyers agreed with this answer

  7. I have information on a wanted fugitive and that jus crossed state lines and was wondering how do I go about it?

    Answered 9 months ago.

    1. Howard Woodley Bailey
    2. William J Popovich
    3. James Alexander Abate
    4. Alan James Brinkmeier
    5. Mark M Cheser
    5 lawyer answers

    I assume you are referring to how do you report the movement of this individual, and the answer is call your local police department, or the nearest NJ State Police Barracks. Be prepared to provide them all information you have as to this individual, including how you know this information to be accurate. Ask that your identity remain anonymous, even if you have to identify yourself to the officers in order for them to take the information. I changed the area of law to Criminal since that is...

    7 lawyers agreed with this answer

  8. Can I get PTI without the use of a lawyer

    Answered 9 months ago.

    1. Robert F. Black Jr.
    2. Howard Woodley Bailey
    3. Mark R Faro
    4. Michael L Pescatore
    5. Yolanda Navarrete
    6. ···
    9 lawyer answers

    It is not automatic. If you do not know the procedure, the Court Rule or the Statute that controls the application process, the arguments of what is or is not a basis for an appeal if denied, you need to at least consult with an experienced NJ criminal defense atty BEFORE you go to Court. Many prosecutor's need to be convinced of the basis to agree to the diversion, and the prosecutor can reject participation even if the Case Management agrees. If you are unfamiliar with the standard to...

    7 lawyers agreed with this answer

  9. I have DUI and reckless driving for an accident. If I have to choose, which should I try to drop/reduce the charge?

    Answered 9 months ago.

    1. Howard Woodley Bailey
    2. Douglas Wayne Jones Jr
    3. David L Le Roy
    4. Eric M. Mark
    5. William J Popovich
    6. ···
    10 lawyer answers

    You do not have a choice. The NJ Supreme Court ordered that a prosecutor/court cannot plea away a DWI as part of a plea unless the State cannot prove their case. The Reckless Driving is a back-up ticket to the DWI. Consult immediately with an experienced NJ DWI defense lawyer, as the Courts are under instructions to move the DWI cases quickly (within 60-days). Your BAC (.15) exposes you to a 7-12 month license suspension, large fines, and larger surcharges. Consult with the Lawyer BEFORE you go...

    7 lawyers agreed with this answer

  10. I'm Texas resident and traveled on business to New Jersey. What are the process or penalty?

    Answered 9 months ago.

    1. Mark M Cheser
    2. Howard Woodley Bailey
    3. William J Popovich
    4. Michael L Pescatore
    5. Eric M. Mark
    6. ···
    7 lawyer answers

    If convicted as an out-of State driver, in general you are looking at having your NJ driving privileges suspended for either a 3-month period, or a 7-12 month period depending on the BAC reading, and whether you did the breath test or refused to take the test. There are many factors which go into an analysis of how a DWI case should be defended, and into a decision on whether to plea or fight the charge all the way through a trial, that are far beyond what AVVO can provide. You do need to...

    7 lawyers agreed with this answer