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How can I find/prove there is a DUI conviction on ex spouse?

Long Branch, NJ |

Ex has attendance records for attending the Intoxicated Driver Program. He states AA documents his time by using those certificates. The IDRC told me the program is for a DUI. How can I get the DUI record on my own? I am Pro Se. I need to show judge proof of a DUI in order to protect my children from traveling with him. If ex postpones court date, does that stop the DUI from showing on his record?Any information about DUI and IDRC would be helpful.

I tried to tell the judge, there is no other reason to attend an IDRC and that the IDRC attendance records proves there was a DUI. Judge wants to see the DUI conviction. There is a consent order with civil restraints saying ex is not to consume alcohol while with the children. What is the difference between a Federal database and Municipal database?

Attorney Answers 6


  1. You need to get a driver's history abstract from the DMV or the local police/municipal court. If there is a divorce pending you might be able to subpoena a copy, you would have to ask a divorce lawyer that question.


  2. If you have the records of his attendance at an IDRC program, that in fact is proof that he's been convicted of DWI. If the records or someone at the IDRC will tell you the name of the town where he got convicted, you can get proof of the conviction from the town's court clerk because that is public record.


  3. You can request that he provide you with a copy of his driver abstract.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364


  4. Request the abstract in discovery. If he refuses make a motion to the Court. The DWI conviction may not result in your hoped for relief.


  5. The very fact that your ex attended IDRC should be sufficient proof that he was convicted of driving while intoxicated. There is no other reason for someone to attend IDRC.

    Please be advised that the foregoing answer is for general purposes only and does not establish an attorney-client relationship, nor are you to rely thereon. You should thoroughly consult with counsel, including the review and analysis of all facts, circumstances, applicable law and legal documents, before proceeding.


  6. If he has IDRC he was convicted (Intoxicated Driver's Resource Center). Two ways to get a record, (1) certified driver's abstract or (2) certified disposition from the municipal court where he was convicted. You will likely need a court order to get either. The court can require him to sign the form allowing you to request it or enter an order allowing you to do so. I assume he has not appeared? I am not sure what benefit this will be for you. The Judge doesn't need to enter an order that your ex-husband is not to drink and drive, that is already against the law. Please clarify what you are looking to achieve and perhaps we can help you try to get there.

    Andres Mejer 9 Memorial Parkway, suite B Long branch, NJ 07740 220 Third Street Lakewood, NJ 08701 732-962-1805 www.AndresMejerLaw.com

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