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Kevin Michael Leckerman
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Kevin Leckerman’s Answers

9 total

  • How long does a typical DWI and refusal process take in NJ? From the date of arrest until disposition?

    also how long does receiving discovery take?

    Kevin’s Answer

    The discovery process is essential in defending and winning a DWI charge. If done thoroughly, the discovery process will take at least 2 months for an alleged DWI/refusal case. Presuming your case is in East Brunswick Municipal Court, it has typically taken me between 6 mos. to 12 mos. to get all of the discovery that I needed and resolve cases. That court is extremely busy with DWIs.

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  • In the state of NJ when does a DWI/DUI appear on the an motor vehicle report? Does it only appear after conviction?

    I am interviewing for a job and I was told that they are going to run an extensive background check along with my motor vehicle record. Just FYI this is not a driving position and my court date is not for another 2 months.

    Kevin’s Answer

    There is one way that someone can locate an active traffic citation (including DWI). By searching NJMC Direct, this information can be obtained. However, the person must know in which court the case is to be heard and the license plate of the car that was driven. Otherwise, the information will not appear on the driving abstract until a conviction occurs. Then, the information is reported to the motor vehicle commission on the day of the conviction and sentencing.

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  • NJ DWI planning to go to Canada this Summer?

    HI , I have friend planning to visit Canada this summuer. He had DWI in NJ last year. We understand Canada doesn't allow with DWI convictions. But NJ DWI is not crimal offese and its an traffic office. Do you still probelms with him visting C...

    Kevin’s Answer

    Although the DWI conviction is only a traffic offense, Canada will still bar admission, even if the person is not attempting to drive in Canada. A DWI conviction in New Jersey will permanently remain on the New Jersey driving history and become part of the National Driver Registry (NDR) as well. One can seek an Approval of Rehabilitation from the Canadian government in order for admission to the country. [See for more information - http://www.dwiduidefenselaw.com/recent-news/visiting-canada-think-again-if-you-had-a-dui-conviction/ ]. It is best to consult with a Canadian immigration attorney when attempting to obtain the Approval of Rehabilitation.

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  • CRN Evaluation

    I am pending admittance into the ARD program. I blew a .185. I went to the CRN and had to take a urine test which I know I failed and also answer the questionaire. They called me in again to take another urine test a month later. I also know I wil...

    Kevin’s Answer

    Each county district attorney's office sets its own conditions for the ARD program. Urine testing may be a condition of admission into that county's ARD program.

    ARD is a rehabilitative program that does not count as a conviction for a DUI offense. If the district attorney's office believes that you failed to comply with the application conditions for the ARD program, then you may not be admitted to the program. Moreover, if you fail to abide by the conditions for the program once you have been admitted, then you will most likely be removed from the program. In either instance, you would still have the right to fight the DUI charge at trial.

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  • At the court hearing for a DWI, the clerk of court told me the ticket was not in the system. What should I do?

    Since the ticket was not in the system, should I contact the clerk of court or do nothing?

    Kevin’s Answer

    If a ticket for a DWI charge has not been sent to the court by the police or the court has not docketed it properly, then this mistake can weigh in your favor. When the police fail to prosecute a case in a timely manner or the court fails to schedule a case for trial in a timely manner, a motion can be filed to dismiss the tickets due to a speedy trial violation. Each state has its own case law interpreting how much time constitutes a speedy trial violation. Your best bet is to consult an attorney for advice concerning such a defense in your state.

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  • My friend just received her 3 DUI (the other 2 DUI's were about 10 years ago). Do you think she will receive any jail time??

    Should she obtain an attorney?

    Kevin’s Answer

    In most states, a conviction for a third DUI will result in a sentence of imprisonment and a substantial period of license suspension. Therefore, it is imperative that an attorney be consulted, who would be able to determine which defenses exist for your friend. Because defending DUI cases require skill, experience, and training, I suggest your friend contact an attorney who solely practices DUI defense or, at the very least, makes it a focus of practice.

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  • Can statements taken while drunk be held in court?

    I got stopped outside of a bar for assault

    Kevin’s Answer

    The short answer is yes, if the statements were made prior to an arrest. However, if the police arrest someone and ask questions without advising the suspect of his right to remain silent, then the answers given by the suspect may be inadmissible as evidence.

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  • US citizenship with amended DUI.

    Last Year in feburary, I was charged and arrested for DUI (BAC 0.07) but then charge was amended to Negligence driving 1.(I was also got a ticket for improper backing) I was sentenced to one year probation, which ends on june 30th. I also have had...

    Kevin’s Answer

    Fortunately, you were able to have the DUI downgraded to a lesser offense. Certainly, a DUI conviction would have been a red flag. During the naturalization process, an official assigned to your case may ask questions concerning the incident. However, a conviction for minor traffic offenses should not stop your application for citizenship. That being stated, it is always helpful to directly consult with an immigration attorney.

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  • I have a residenship only, could a DUI end up in deportation?

    I was stoped by highway patrol and blew a .08, the only other misdemeanor i've aquired was for a fireworks possesion which consisted of only one string of fire crakers.

    Kevin’s Answer

    If the DUI offense did not result in death or injury, a conviction will not result in deportation. However, a DUI conviction may prevent you from becoming a naturalized U.S. citizen.

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