I have a VA driver license, but I got a DUI in NJ. The first DUI offense for NJ is loss of license for 3 months, but the VA first DUI offense is 1 year. Do I need a NJ or VA lawyer and which offense would I receive?
If you are convicted in NJ, you will be suspended for 3 months only if your BAC was between a 0.08 and 0.10. If your BAC was 0.10 or greater it will be for 7 to 12 months. In addition if your BAC is 0.15 or greater, you will have to install an ignition interlock device. NJ will report this to VA, and VA will take some action. However, in VA, I believe they have limited use licenses for work and school.
The best way to avoid a DWI suspension in VA, is to have a lawyer in NJ who has specialized training in DWI defense. First look and see if they are a Certified by the NJ Supreme Court as a Municipal Court Trial Lawyer, very few are. This is important because it means that attorney has experience trying cases, has been peer reviewed by prosecutors and judges, and has passed a rigorous test. Second, look and see what type of training they have. Are they trained in Field Sobriety Testing? Are they trained in Drug Recognition? What about breath testing? Did they avail themselves of the Draeger Alcotest Training (less than 60 of 80,000 have). These are important skills needed to properly fight a DWI.See question
A friend of mine went to see a DUI attorney regarding a DUI they got and the attorney started talking about family law and having my friend removed when his father was complaining about his lifestyle even though he told the court during their arra...
If this lawyer is acting as an adversary against his client, then that would be an ethical violation. The operative word is IF. If this is the case, he should probably fire the lawyer and report him for an ethics violation.
The fact that your friend is using a family lawyer to handle his DWI, while not unethical, also concerns me. It's hard to be good at DWI, which is extremely technical and scientific, as it is. But when a lawyer is doing other practice area, it's doubtful that the lawyer has any training in field sobriety testing, breath testing, drug DWI. Etc.See question
My PD says the state cant find the discovery and they dont have my drug test results from DWI/Marijuana charge but wants me to take a plea still. Can I still be sentenced without this?
I am always concerned when a lawyer wants someone to plead guilty without evidence. Especially when it is scientific evidence like lab results. It might be time for a new lawyer.See question
I received a tick for driving while suspended for sir-charges,if this decision by the supreme court is true can I use as a defense? The article sites multiple cases that have won based on that decision
I've read the same thing. However, you cannot believe everything that you read.See question
Husband was set up as a DWI. When they were called in a tip they were never behind him, took my car from my home. My mother passed away, he will loose his ssd n I will lose moms home. No
You're looking for a good lawyer but cannot afford one, so you want one for free. Good luck. A good lawyer fights DWI cases. Fighting to win, takes many court appearances. So you are asking a lawyer to come to court many times and not get paid? Either here a lawyer to fight, or get a PD. But remember, good lawyers aunt cheap, and cheap lawyers aren't good.
As for the facts of your Husband's case. The police do not need to see him drive. They may act on a tip.See question
I got a DUI 11 years ago in nj and I never went to court for it. They issued a FTA on me but nothing was ever done about it. But now I need to get my license for my job but NJ DMV says that DUI is holding me up from getting my license. What sh...
If this case is 1 year old or 11, you will need to resolve it. You cannot get a license until you do. However, going to court does not mean pleading guilty. There are some lawyers, who will actually fight this DWI, while others will take your money and plead you guilty (usually the cheap guys....though they'll scream up and down and deny it. We call them dump truck lawyers).
Now when it comes to fighting it, your case is very old. In fact, you may have been tested don a breathalyzer rather than the Alcotest. Many towns had the Alcotest in 2005, but most were still using the inferior machine. Regardless of which machine, there are defenses. In addition witnesses may be hard to locate, like the arresting officer. You have many golden opportunities here.
Do your homework on the lawyer, and don't shop based on price. It could mean the difference between you getting your license back, or getting an additional suspension for DWI.See question
I took a swab test a month or so ago for probation and i failed it , and now i just recently took another swab test and i know it's probably going to come back positive. What will happen ?
Well depending on the judge, jail is a real possibility. Stop doing drugs man!See question
They suspended my ni driving license in New York City for three months , for dwi , will I be able to drive in ni ? Will this inflict my driving record in nj ?
No, If you are suspended in any State for DWI, you will not be able to drive here (as long as you are a NJ licensed driver). Don't hire just any lawyer to fight your DWI, hire a good one. He or she might be able to save your license.See question
I passed a breathalyzer than refused the blood and urine test
Well, they cannot charge you with refusal for the blood or urine, but may argue that it was "consciousness of guilt." I think its a BS argument. If you hire a good DWI lawyer, then they will know how to fight the rest of the case. Hopefully tour field sobriety tests are good or close to average. However, even bad field sobriety testing can be overcome. You have passed the first obstacle to acquittal. Now don't screw it up by hiring the wrong lawyer.See question