Skip to main content

I have been charged with a second degree eluding, refusal and dui. If I go to trial what chance do I have getting this dismisse

Jersey City, NJ |

Traveled aprox. 300yards and pulled in my driveway and went in the house. I did was not aware of anyone being behind me until i exited the vehicle. I was charged with 2nd degree because of my dui refusal. The state is offering a plea guilty pti and plea guilty to the dui/refusal. This will end my 10 year career. The only discovery I am aware of is a dispatch call my wife made. no recording no call in no video at the station. I was not mirandad and refused out of confusion of the situation. Although they stated they had their lights on and verbally asked me to stop, neither occurred. I feel I am getting a bad deal but would like advice based on experiences you have ad how this could fair in trial. Please advise.

+ Read More

Attorney answers 4


I presume you have an attorney. That is the person you should be having this converzation with as they have an intimate knowledge of the strengths and weaknesses of your case.

Law Offices of James A. Abate (732) 412-2364


Please tell me that you have an attorney or are represented by a public defender. I ask this because it sounds like you are trying to figure this out on your own. Please, please get an attorney. As far as your question about what chance there are of dismissal, I would say that there is no chance in the prosecutor just dropping all charges. Trial is a gamble, you never know how things shake out. Without knowing more specific details it is hard to tell. Get a consultation from an experienced attorney, this is too high stakes, don't do this on the cheap.

The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.


Much more information is needed. The eluding, if your post is correct, can be defended. The second degree is based on the MV violation. This can be defended and makes for a weak State's case. Most of this may also be on dash camera. PTI on the eluding is not a bad offer. You may be able to negotiate the guilty plea entry. The DWI is a seperate issue and the refusal the more difficult of the two. Call with more information.


There's no way to answer this in this forum. If you have a lawyer, speak with him or her. If not, get one.