Home > Research Legal Advice > DUI / DWI > I got to have breathalyzer in my vehicle for 3 years in NJ, is there any...
Asked 5 months ago - Trenton, NJ
FlagHello, How is everyone? About 6 months ago i had to get a breathalyzer put on my car for 3 years from judge ( 2nd DUI ) is there any way that i can get that removed before 3 years? I might be moving to another state in 2 months if i get a license from there will they require a breathalyzer in my vehicle as well before they give me license? I will appreciate all the help i can get.. Thank you and have a very happy New Year everyone.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
To be perfectly honest, this is a gray area and I can't promise the MVC wont try and have another state suspend you for non compliance. Id recomend you speak to the MVC about it. Whethewr their actions are appropriate or not, they have alot of power over your life. A lawyer may be able to fix it later, but best to be on the same page with them first.
The Court appears to have imposed the maximum time permitted by NJ Law (three years). Therefore, you have a right to go back into Court and seek a reduction in the ordered time. This is done through what is known as a "Motion to Amend Sentence." I strongly suggest that you speak with an Attorney who can review your entire situation and file. I would begin with the Attorney who represented you at the Trial/Plea.
As far as moving, laws vary from State to State. Therefore, it will depend on the law in the State where you are moving. I suggest contacting the Motor Vehicle Department in the State where you intend to move and make inquiry. Good Luck.
GREGGORY M. MAROOTIAN, ESQ.
ATTORNEY AT LAW
30 WEST MOUNT PLEASANT AVENUE
P.O. BOX 387
LIVINGSTON, NJ 07039
_____
TELEPHONE: (973) 994-3732
CELL PHONE: (201) 404-8990
FAX: (973) 994-2239
EMAIL: GMMESQ@AOL.COM
_____
www.newjerseydwi.com
The interlock device is mandatory by statue. The court only had some discretion on the maximum time that the interlock device must be installed after your suspension. I do not think that the interlock is mandatory in another state. But, before you drive in NJ, you will need to restore your privileges and that will require proof that you paid and maintained an interlock device for the time required by court. Good luck.
.If you move you are subject to the other State's laws. Check with a DWI attorney in that State. But if you drive in NJ you need that interlock on the vehicle. Three years is the maximum so you may be able to make application to reduce the time. I have not seen this done but the application should be allowed. There may be a tome limitation. Whether it would succeed is another issue.
NJ uses alcotest, not breathalyzer. Whether you will need the ignition interlock in another state depends on the laws of that state. But you have a larger problem, NJ suspended your license for two years. Most states will also suspend your license, so if the other state you go to is a member of interstate compact they will not issue you a license until you NJ suspension is lifted.
