I have not received notice from the NJ DMV as of yet. The NY suspension is for 3 months and I'm halfway through it. Would NJ suspend me being that it was only .05, and if so would their suspension end when the NY suspension ends, or would it be an entirely new time cycle with new fines?
It depends. NJ case law allows for the suspension, but it depends on exactly what you pleaded guilty to in NY. The statute itself can cause suspension based on the case law I mentioned. In NJ you can be convicted with under a .08. "Impaired" can be and usually is sufficient for a conviction. Call an experienced criminal defense attorney ASAP if you get a notice. You can appeal.
My understanding of an out of State DWI conviction for a NJ driver is that NJ should administratively suspend your license and make you pay the surcharges, etc. However if you are convicted of DWI out of state with a reading below .06 I believe NJ will not do anything even if they are notified.
What did you plead guilty to - Driving While Ability Impaired?
Under New Jersey Law (N.J.S.A. 39:5D-4), the New Jersey Motor Vehicle Commission (MVC) may suspend the license of a resident who is convicted of DWI in another state. The suspension will attach if the out of state DWI is "of a substantially similar nature [to NJ DWI Law]."
The New York Drinking-Driving Statute (§ 1192) contains a prohibition for "Driving While Ability Impaired" (§ 1192(1)) and the more serious criminal offense of Driving While Intoxicated (§ 1192(2) and 1192(3)).
The official position of the NJ MVC has been that a first offense for New York Driving While Impaired would be treated as a lower tier offense in New Jersey (N.J.S.A. 39:4-50(a)) - thus a ninety day NJ license revocation. A New York conviction for Driving While Intoxicated (§ 1192(2) and 1192(3)) would be treated as a N.J.S.A. 39:4-50(a)(1)(i) offense - seven months revocation.
The problem lies in whether your son is convicted. If convicted of DWI OR DWAI, NJ will suspend him for the out-of-state violation. He would be looking at a 90 day suspension and $1,000 in MVC surcharges, per year, for three years. Further, the DWAI will count as a first offense DWI in NJ if he gets another one. So, in order to not be penalized in NJ, he cannot be convicted of either!
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