You can say no. It is not a crime, and even if it is later changed to be treated as a crime, you were not convicted of a crime.
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I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided.
There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com
Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
New Jersey language can be confusing. We have all seen Jersey Shore so we know this is true.
Going Fishing = going out to pick up women, fist pump, GTL, you get the picture, confusing.
Jersey Lawyers don't use the terms "misdemeanors and felonies." In Jersey legal speak there are criminal offenses based on degrees (1st to 4th). Crimes have the potential of jail for over six months and non-criminal offenses are less than six months in jail.
The "lesser offenses" in NJ are all the NON criminal offenses: motor vehicle ie. the traffic offenses, disorderly persons offenses, and lastly municipal ordinance violations (ie. noise, dogs).
NJ DUI is a lesser offense, so it is NON criminal.
BUT big caveat, it will stay on your NJ driving history forever.
New Jersey "Traffic" Laws - Title 39
39:4-50. Driving While Intoxicated
Lawrence (Larry) Newman, D.C., J.D.
Attorney at Law
Doctor of Chiropractic
Licensed in NY, PA, NJ, & FL
The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.