In nj I was arrested for driving suspended on a dui suspension 4th degree felony... the original suspension was suppose to expire in june... I was pulled over in August but I didn't pay my restoration fee, am I guilty? Or is it now a administrativ...
This is NOT an administrative suspension. Under current case law, you are considered suspended for DWI until such time as you pay your restoration fee, doesn't matter whether it is days, weeks, or months after the suspension is over. The restoration fee is minimal, so there was really not paying it. Your issue, getting charged essentially for not paying the fee, is being challenged right now at the Appellate Division. If defense counsel wins, then the court would take this type of violation and put it outside of the statute.
You should know that the penalty here is a MINIMUM of 6 mod in jail and as much as 18 mos. in State prison. There is no probation or parole or credits for good behavior. If convicted you must serve at least 6 months. This is a tough penalty to pay for not paying a fee.
You really need a lawyer.See question
I am in the process of being convicted of a DWI/DUI and Reckless Driving. My question is it possible to get a DWI reduced to a minor traffic violation? It would be a 1st offense for me, and I have no other traffic related offenses on my record. ...
First, there is no plea bargaining a DWI, so the answer to your question, in its most basic form, is NO, you cannot have it reduced. However, if you hire the RIGHT lawyer, one who specializes in DWI defense, or even limits their practice to DWI defense, that lawyer may be able to find a defense to beat the DWI. If the lawyer could establish a legitimate defense to DWI, that would leave only the reckless. DWI is considered the most serious MV violation of them all.See question
I know a DWI/DUI is not a criminal offense in NJ, but I was faced with a question that is stated: "Have you been convicted of any felony, crime, misdemeanor, disorderly persons offense or other offense (other than a motor vehicle violation) in New...
First your question is very vague and needs more fleshing out. Based on your question, I am assuming that you have previously pleaded guilty to DWI in NJ and are now facing a charge of something. Second, you should direct this question to your lawyer, if you have one. Third, you cannot attempt to perpetrate a fraud on the court. Therefore, you need to know whether the court is including in their "other offense" criteria, the inclusion of traffic matters.See question
Days weeks I don't know. how long does it typically take for the PO to get the results back from the lab. I may need to hire a lawyer. A straight forward answer would be greatly appreciated. Thank you
The straight forward answer is who knows? Labs are very busy. However, I'd venture within 60 days. However, if you have CDS in your saliva and they test it in the future, the CDS will still be present in that sample.See question
On the State of NJ MVC website, , it states that for a 3rd and subsequent DUI, an ignition interlock device to be installed during license suspension and for 1-3 yrs following restoration. Does this mean a person would be able to drive during lic...
No, you cannot drive until your total suspension period is over. Then you must install the IID. The purpose is to make sure that when you get your license back, you are not driving drunk.See question
My husband get DUI (2.2) in New Jersey.The court was one time rescheduled.Right now he has a valid driver's license in NJ.Because of his job he has to travel a lot from central to south Jersey. Soon his driver's license will be lost.Is it any chan...
Your husband may be able to get a license in another State. However, he may not drive in New Jersey with any license. If he were to do so, during his NJ suspension, he could be facing sever penalties including an additional one to two year suspension, and maybe even 6 to 18 months in prison. If your husband wants to drive with another State's license, then he should move to the other State, assuming they will give him a license.
If you have not hired a lawyer, do so quickly. Find a lawyer who is not a jack-of-all-trades; one who specialized in DWI defense. There are many defenses that could be available, regardless of what the reading was.See question
I was arrested Friday (24th) morning for driving under the influence of alcohol. My court date is Friday, October 31st. I know I can do something other than sitting around just waiting for this court date. I know I made a huge mistake and I need t...
You can go to AA, but whatever you do don't discuss what happened or make any admissions. The next step, which is the most important step, is to hire a lawyer who specializes in DWI Defense. While you may be ashamed, you may have defenses you are not aware of.See question
Alcotest was 0.13 but I have just eaten spaghetti and have alot of stomach problems
GERD can be a legitimate defense. Basically, this occurs when there is a defective lower esophageal sphincter which allows gases and other things to return up the esophagus into the throat and mouth. Someone with a true diagnosis of GERD is always in a state of reflux and as such it could affect an Alcotest reading. One study showed that an blood test and breath test of someone with GERD differed as much as 0.15% BAC. Further, the Alcotest's slope detector may not detect the regurgitation because the detector only notices sudden changes in mouth alcohol, whereas someone with GERD is in a constant state. So, if you have a true case of GERD, you may have a defense. To further this defense, it is my opinion that you would need an expert.See question
for two years. Since I was suspended in NJ for only seven months, I thought I could get a license in NJ. Now DMV is telling me that I cannot get a license here until I get a letter from the OTHER state. Can DMV in NJ impose this requirement?
Yes. They can. NJ is one of 45 States which is part of the interstate compact. They will treat your prior DWI as if it happened here...for suspension purposes.See question
I got pulled over for swerving. I am truck driver so i only slepted 3hours that day. I was falling asleep thats why i was swerving. I did had 3 beers 3 hours prior to being pulled over. I was giving the sobriety test and passed them. The officer t...
Well, you got yourself in a jam, but not an unbeatable jam. There are many ways to fight a DWI and it starts with hiring the right lawyer, you can't afford not to. First, our lawyer needs to look and see if there is probable cause to arrest for drunk driving. Though a low standard, probable is required in order to arrest. Without PC there is no DWI. To fight PC we will need to look at all the observations, through the officers report and hopefully a mobile video recorder, the officer made in determining you were intoxicated. Those observations may be challengeable and if he said he was going to let YOU drive to a gas station to sleep, then that statement could be used to help you. These observations will include field sobriety testing, which was never design to establish impairment, but rather that the test subject (you) have a breath alcohol content (BAC) of 0.08 or greater. In other words they were design dot establish a target BAC, rather than impairment. There are many factors which can effect field sobriety tests, including age, weather, weight, footwear, and injury/disability/illness to the inner ear, legs, feet, and back.
In addition, a reading, not matter how high or low, can be challenged. They can be challenged. There are many issues that can appear in a breath test case, such as whether your readings are in tolerance, lockouts between blows, margins of error, calibrations issues, solution change issues, etc. There are unique issues that can be found such as what solution bottle was used to calibrate your machine. There is a lot that can be done.
Some of the qualifications you should look for are:
(1) Whether the lawyer is trained in field sobriety testing
(2) Whether the lawyer is trained on the Alcotest.
Good luck!See question