Elliot S Stomel’s Answers

Elliot S Stomel

Cherry Hill DUI / DWI Attorney.

Contributor Level 14
  1. What should i do to get my license back sooner? suspended! help?

    Answered about 2 years ago.

    1. James Alexander Abate
    2. Elliot S Stomel
    3. Mark M Cheser
    4. Nathan Douglas Wente
    4 lawyer answers

    Your facts are a little confusing, however it appears that the gist of the problem is that you are experiencing a double impact for the same problem. I am a local attorney (office in Cherry Hill). Feel free to contact me to discuss the situation in more detail. I may be able to help you get the knot out of your shoelaces.

    1 lawyer agreed with this answer

  2. After I am convicted of a dui and/or refusal, how long does it take for my license to be suspended (in terms of days)?

    Answered almost 4 years ago.

    1. Elliot S Stomel
    2. Eric M. Mark
    3. Christopher Scott Tretola
    4 lawyer answers

    If you are convicted of a dui and/or refusal, the suspension of your driving privilege will go into effect immediately. In fact, the Court will order that you surrender your actual driver's license before leaving court. In the event you are unable to have someone accompany you to court (for the purpose of driving you back home), the Court can issue a temporary license (good for about an hour) so that you can get to where you need to go. In the event you do not already have a lawyer, you...

    1 lawyer agreed with this answer

  3. Speeding ticket

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    I suggest that you contact the Court and explain your situation. Ask that the case be placed back on the original September 9th hearing date with the understanding that if you cannot resolve the matter with the prosecutor without the officer present, you will not object to the case being postponed to a later date when the officer is available. If he Court is wiling to do so, you should discuss the issue with the prosecutor. Perhaps he/she will agree to reduce the points without the officer...

    2 people marked this answer as helpful

  4. What type of punishment will I face?

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    The ultimate disposition of your case could largely depend upon whether you have had any prior criminal record. If this is your first offense, there is a possibility that your case could be downgraded to a disorderly persons by the County Prosecutor and returned to the Municipal Court for disposition. If it is not downgraded (and this is your first offense), you might be a good candidate for the Pretrial Intervention Program. (You can learn more about this program by reviewing my Legal...

    1 lawyer agreed with this answer

  5. Hi im getting a complaint for leaving the scene?????

    Answered over 4 years ago.

    1. Elliot S Stomel
    2. Andrew Daniel Myers
    2 lawyer answers

    Although you have provided specific details of how the incident occurred, your question is unclear. You initially indicate that you are getting a complaint for "leaving the scene," but then indicate that you are getting "sued." These are two completely separate issues. If you have received a summons (ticket) for leaving the scene of an accident, this matter would be heard in the municipal court of the town where the accident occurred. The State would have the burden to prove you guilty...

    2 people marked this answer as helpful

  6. I let my friend drive my car he got into an accident total loss i only have liability does he pay for the other cars damages

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    "Liability coverage" is the coverage which protects you from losses sustained to other vehicles. Your insurance company will cover you in that regard. It is "collision coverage" that allows you to get your own vehicle repaired (regardless of fault). In summary, your question should not be whether your friend is responsible for paying the other car's damages; it should be whether he is responsible for repairing the damages to YOUR vehicle. And in my opinion, he should be.

    1 lawyer agreed with this answer

  7. What are consequences for marijuana charges?

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    If this is your son's first drug arrest, New Jersey provides individuals with one opportunity to participate in a program which will allow him to avoid a conviction for simple possession of marijuana. This program is known as a "conditional discharge." In order to qualify for a conditional discharge, a defendant must present an application with the Court which demonstrates the following: (1) that the defendant has no prior drug offenses; (2) that the defendant has never been afforded a...

    1 lawyer agreed with this answer

  8. I have received a DUI in PA and its my first DUI offense ever. Would I be eligible for ARD program

    Answered over 4 years ago.

    1. Elliot S Stomel
    2. Jeffrey Ryan Boyd
    3. Adam D. Zucker
    3 lawyer answers

    Accelerated Rehabilitative Disposition (ARD) is a program offered to first offenders charged with DUI in the State of Pennsylvania. By successfully completing the program, first-time Pennsylvania DUI offenders are able to avoid lengthy court proceedings and are able to have their DUI charge expunged from their criminal record. Only first time DUI offenders may be eligible for the ARD program. The district attorney makes the decision as to whether or not a person will be admitted into the...

    2 people marked this answer as helpful

  9. Civil Reservation NJ

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    No, this is not true. Let me give you a little insight by providing you with the evolution of Rule 7:6-2. Traditionally, the Court's "findings" in a criminal (or traffic) case could not be used in a civil proceeding. The reason was that it would be a violation of the "hearsay" rule. An "admission" (including a guilty plea) was considered an exception to the "hearsay rule" and was therefore admissible in a civil proceeding. (The reason for the exception was that by virtue of his guilty plea,...

    1 lawyer agreed with this answer

  10. I was involved in a car accident that wasnt my fault.i was driving on a suspended license and no car insurance.what do i do?

    Answered over 4 years ago.

    1. Elliot S Stomel
    2. John Morelli
    2 lawyer answers

    You raise a number of issues here. In order to properly answer your question, I would need more facts; however, I will do the best I can based upon the information you have provided. Driving While Suspended (N.J.S.A. 39:3-40): The basic penalties are as follows: 1st offense: $500 fine; 2nd offense: $750 fine and up to 5 days in jail; 3rd offense: $1,000 fine and 10 days jail. There is also an additional suspension of your driving privilege for up to 6 months. In addition to to the...

    1 lawyer agreed with this answer

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