If the breath testing is excluded (as you say "thrown out"), the State's case will be based on the observations made of you, including the field...

DWI in my driveway

It is impossible to assess without carefully reviewing the police reports and other relevant evidence. However, a few thoughts: You state that you...

The is no such charge as "Underage DWI", although this is a common misnomer. You seem to be referring to underage drinking while driving (with a...

About 10 yrs ago, I got my 4th DUI and the judge suspended my license for 20 yrs.

If the sentence was illegal - in excess of what is allowed by NJ DWI Law, you have a right to petition the court to reduce the sentence. The...

The Statute your husband is charged with, N.J.S. 2C:40-26, provides, in pertinent part, "[a] person convicted of an offense under this subsection...

Yes, based on the NJ Supreme Court ruling in State v. Donis, 157 N.J. 44, 55-56 (1998), a police officer can (constitutionally) randomly run a...

Arrested for dui and reckless an hour after an accident with witnesses passing breath test.

The laboratory result, when it comes in, may show the presence of drugs, but you are correct in that the result is not quantitative - meaning it...

What if I have a court date in a different state but I have to go back to my home state before the court date?

Hire an experienced Attorney who might be able to resolve the case without your appearance. More information is needed regarding the charge (is it...

Charged with refusal to give urine sample.

No, the Implied Consent Statute does not apply to urine samples - only "samples of … breath." N.J.S. 39:4-50.2(a) specifically provides that: "Any...

A legally imposed NJ DWI sentence cannot be amended to less than the term prescribed by law (in your case 10-years license revocation). On occasion...