Asked almost 3 years ago - Cherry Hill, NJFlag
Hi. I was arrested in October 1999 for DUI in PA, I have a NJ drivers license and lived in NJ at that time. I entered the ARD program and I was told my driving record would be clear of the DUI offense. It was reported to NJ at that time but I had my lawyer argue that it was not a conviction so it never appeared on my driving abstract, I never paid a surcharge or had any increase in my insurance rates. I was arrested last week in NJ. So would this count as my 1st or 2nd offense? I'm so nervous and upset, I told my lawyer I had not been arrested before because my record was cleared. Do you have any advice?
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Under NJ law, if the prior offense resulted in a conviction based upon similar law in NJ, this could be a second offense. If the PA charge did not result in a conviction, it would probably not be considered a prior offense in NJ. However, you may be safe anyway. Under NJ law, if the prior first "conviction" is more than 10 years old, this NJ charge would be considered a first offense for sentencing purposes in NJ.
Always be upfront with your attorney. Whatever the facts are, he/she can work with it.
This answer is for informational purposes only, does not create an attorney client relationship, constitute the practice of law in any State, and should not be relied upon as legal advice or in lieu of consulting the Law Offices of Todd B. Eder, P.C., as each case is unique with differing facts, deadlines, legal approaches and conclusions.
You need to be honest with your attorney. He is basing his defense strategy based upon your information. It would be a serious mistake to not let him know. Once you tell him he will be able to advise you on what to expect.
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