Need an attorney. Ticket was given in Ocean Township. 1st Offense. Just happened 11/9. Arrested, Car Pounded, Test an hour later. Released same day. Court date on ticket is 11/17. Limited on money, at risk of losing everything. My job depends on m...
First of all Ocean or Monmouth County? Second, your job depends on you beating it, but you have limited funds...not a good combo. The better attorneys tend to have qualifications that others do not. Look for a lawyer who is Certified in both the Alcotest and Field Sobriety Test. Finally, stop thinking with your wallet as you often get what you pay for.See question
So I had my license suspended for 7 months for my DUI and it is finally over. I still yet to restore my license. In case of a pending emergency, I may have to drive. Am I still on the revoked list under suspension for DUI, or am I just under a reg...
You are not allowed to drive until you are restored and yes, you are still considered suspended for DUI. I find it really bizarre that you would be asking such a question. It shows that you have an intent to drive knowing that you are suspended, regardless of what its for. Get yourself to the MVC and get yourself restored. If you have to have the interlock, get it in. If you are out of State and don't have to have the interlock, try doing it on line.See question
Anyone know if it's offered on the weekends vs during the work week? And if it's always only on the same days during the work week does anyone know what days? Thanks in advance.
It's usually on the weekends. If your lawyer cannot answer this, you might want to get a new one.See question
I always hear it's $83/month but can everyone get this payment plan or does one have to be below the poverty level or some other earnings threshold and if so what is the criteria? Thanks in advance.
The monthly payment does not depend on your income. You can make monthly payments....but don't miss any or your license will get suspended. Best way to avoid a surcharge is to fight. If you don't have a lawyer, hire a DWI specialist. If you have one, I hope he is a specialist and not someone who dabbles in DWI. You may have defenses you were not aware of.See question
Along with the DUI charge I was given 3 other tickets including, no left turn ( but I made a right turn, and used my signal), careless driving, and refusal (which I didn't refuse anything because I participated in their field sobriety tests and to...
Well, it depends a lot on what was in the cups. Beer has a lot less alcohol than liquor, so it depends on how much was in those cups as well. Even though you don't know your readings, an attorney will able to get that information by accessing the internal data downloads. As a DWI specialist, its one of the first things I would do, especially if my client did not know their reading. Contact one today.See question
downgraded to 2nd offense but with a ten year suspension.. is there any way to overturn it ?
Sounds like you got what is known as Laurick relief. That would be the case if on one of your prior offenses you did not have a lawyer, were not advised of you right to a public defender, or the right to hire an attorney if you could not qualify for a PD. In Laurick, the Appellate Division held that a prior unconnected plea could not beg used against you enhancing a future DWI, when it comes to jail only. Thus you are a third for everything but jail. If this is what you got, then you got a good deal and should call your lawyer and thank him or her.See question
I have a court date of September 17th. It was my first offense. What can I expect?
Well, your first appearance is called an arraignment. At your arraignment the judge will tell you what you are charged with and what the fines and penalties are. For a first offense, the penalties depend on your Blood Alcohol Content (BAC) or whether you were impaired by drugs.
If your BAC was 0.08, but less that 0.10, you are looking at a 3 month DLsuspension, $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and the possibility of an ignition interlock device.
If your BAC was 0.10 but less than 0.15,you are looking at a 7 to 12 month DL suspension, $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and the possibility of an ignition interlock device.
If your BAC was 0.15 or greater, then you are facing $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and a MANDATORY of an ignition interlock device.
For any first offense you could be sentenced to unto 30 days in jail, but is is no improbable, I would not worry.
The best way to avoid these penalties and suspension is to find a lawyer who is properly trained in DWI defense, Lawyers are not interchangeable and some are more knowledgeable than others. DWI is a subject that requires a knowledge of forensic science, especially in blood or urine cases, but even in breath testing.
A good DWI Lawyer will have the following:
(1) Alcotest Certified
(2) DWI Detection and Field Sobriety Test Certification
(3) Drug Recognition Expert Training
(4) Forensic Chromatography Certification (blood or urine cases)
Also, be wary of dump truck lawyers! A dump truck lawyer is a person who charged a ridiculously low fee. This is a good sign they intend you plead you the first time they get to court. A good defense takes multiple appearances and thus time. And you know what time equals, right?
You should speak to a lawyer who will gibe you the time you need to go over your case and not try to quickly sign you up, so they can get back to something else.
Good luck!See question
Both arrests were made in Burlington County NJ. The first in Delran and the second in Lumberton. He also has a current Felony charge for possession of a controlled substance (marijuana)
I'll start by echoing the sentiments of many people here, we need more information. Rather than post facts here, you should have him call a lawyer who specializes in DWI defense, perhaps one who does ONLY DWI defense work. Hiring a general practitioner can be risky as very few have the training, experience, and scientific knowledge needed to fight a DWI, let alone two. However, such an lawyer is not cheap. Lawyers are not like one size fits all shirts, you will not get the same service from just any lawyer.
To start, we need details on the reason for the stop. Police must have a reasonable and articulable suspicion to stop a motor vehicle and probable cause to arrest. Observations made by the police officer as to what he smelled, saw, and heard, will play an important role here, especially in the form of field sobriety testing. Probable cause will allow the officer to make the arrest.
Next we need to look at the chemical testing. Was it breath, blood, or urine? Breath tests can be difficult to challenge, especially if you don't know what to look for. A good lawyer, will be able to analyze the discovery for defects and scientific deficiencies. I emphasize science here because it is science that is used to convict and the science which must be challenged to win. A good lawyer comes into a case saying "there is no trust me in science." Blood and urine are easier to beat than breath...in the right lawyers hands.
What constitutes the right lawyer?
Is her or she trained in field sobriety testing?
Have they received formal Alcotest training? Are they a certified Alcotest operator. You know there are 70,000 lawyers in NJ and less than 80 have taken the opportunity to take this training.
Are they trained in the forensic analysis of blood and urine? The American Chemical Society has a specialized training course that will allow lawyers to learn how blood, urine, and drugs are analyzed and how to challenge those results. They even have a special designation known as Lawyer-Scientist.
Is the lawyer a trial attorney? One way to know is by either meeting them or talking to them on the phone. If they start talking about pleading guilty, they are probably not a trial lawyer. There is a special certification available to Municipal Court Trial Lawyers, which requires them to handle a certain number of DWI cases, try a certain number of DWI cases, and then pass a test. Few have this designation.
What professional DWI associations are they a member of?
What DWI seminars have they attended? There are national DWI seminars out there. If a lawyer can't take the time to attend, maybe you continue looking for a lawyer.
If you are looking for a cheap lawyer, remember, you get what you pay for.See question
Never arrested. I skid on the snow and a trooper came out. He searched me & took a legal prescription for pain off me then got a DRE. Both lied and said I was impaired. The video and 911 call shows I was not. I did not know I didn't have to give u...
Let's address your points one at a time.
(1) You were arrested. That is why you are here today. There is no magical word "you are under arrest." The minute he deprived you of your liberty, put the cuffs on, and took you to the station, you were under arrest.
(2) The officer says you are impaired. You disagree. This is an opinion. He will base his opinion on the DRE examination, particularly the vital signs. Most importantly, he will base his opinion on any admission you made. For example, if you admitted to taking oxycodone for pain, then based on your vitals and your admission, he will opine that you were under the influence of a narcotic analgesic. The question comes down to (a) how well does your lawyer know the DRE curriculum to challenge the DRE opinion and (b) who will the judge believe. DREs can be beaten, but you need a Judge who will agree the science is flawed.
(3) Reckless driving instead of a DWI is very hard to come by. This is a great result and a home-run. You should take it. Reckless can be justified by driving conduct. Maybe you were going to fats for icy conditions? Again a reckless is a home-run, you should be thanking this lawyer, naming a kid after him, etc.
(4) Municipal Court judges are generally family law lawyers, with little to know experience in criminal/municipal court matters. They are also political appointments. They also are inclined to believe a well trained police officer over a suspected impaired driver. Judges will usually find people guilty.
(5) Your lawyer is playing the game you want him to. You won't take the reckless, so what is there left to do. If you are innocent then he can't plead you to a DUI. He is covering his ass, and rightfully so. If you are convicted after a trial, then there can be no allegation of malpractice, especially since you were offered a reckless and turned it down.
(6) You would have to pay a full fee.
(7) You would have to PROVE corruption. If you can, then the place would be the NJ Attorney General's Office.See question
First offense DWI, and .23 alco test. Info. discovered by expert...1. Officer failed to check oral cavity before breathalyzer test. 2. Officer failed to change mouth piece between tests and 3. Missing information (not provided during discovery) ...
It sounds like you have some doubt in what your lawyer is advising you. Well, rest assured, he or she is telling you the truth when they say that experts can help. I have used experts in many cases and have received favorable results is many of them. However, there is no guarantee the Prosecutor will accept the Expert's opinion and dismiss/ reduce the charges/ In that situation you need two things: (1) a lawyer with courage to take your case to trial and (2) to have your expert paid to be in court.See question