More information is needed. You should hire an attorney to sort out the situation in Clifton court.
This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
You should post this in the New York website and ask aNew York attorney.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.
If the tickets were issued in New Jersey, you need to hire a New Jersey licensed attorney immediately. Because you were technically stull suspended from the DWI conviction, you are looking at 90 days in jail on top of other fines, penalties and additionals suspensions.
While we strive to ensure that the information is accurate, without knowledge of all of the facts of a particular matter, this Firm's opinion, suggestions and answers are not guaranteed. Further, the Law Firm's answer does not create an attorney-client relationship. An attorney-client relationship will only be created through a fully executed retainer agreement.
Your NJ privileges will not be restored until you put the lock on a car. From their view if you do not have a car you do not need to drive. You cannot drive any car without the lock during that period. What NY does with that is up to NY but NJ is NJ. If the 3-40 was in Nj get an attorney because there is a mandatory 10 days jail with the $1500 fine and 1-2 year suspension.
You were ordered not just to get the device but to not drive a car that does not have such a device, or the order is meaningless. You have violated one court order that was a prerequisite to get your license restored. Don't ask here - you certainly need a dedicated lawyer you employ to deal with DUI issues when they get complicated or when you violate a condition for restoring your license.
And lets be honest here - if you are not driving regularly, you don't need it. And if you are, you need to make sure the car you are driving has the interlock - even if you're getting around what you think was asked by having someone else register the car you regularly use.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
Consult a lawyer immediately. Do not delay.
*IMPORTANT: Do not rely on Attorney Murray's response as the information provided on this website is NOT legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. Attorney Murray's response does NOT create an attorney-client relationship. If you have any specific questions concerning a legal issue, you should consult a lawyer. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on a Q&A website such as Avvo. Attorney Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted on Avvo are intended as general information for the education of the public, and not for any specific individual. New Jersey residents: NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. The selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.
I'm going to address the enhanced driving while suspended charge. If you were suspended for a period, let's say 7 months, and served that suspension and the only reason you are now suspended is because of the interlock, then you may be able to avoid jail. I would argue that you are not currently suspended for DUI, but for an administrative hold due to the interlock issue which has nothing to do with the suspension. Imposed by the court
If the tickets are New Jersey, you need to hire a New Jersey attorney asap.
Because you were still suspended from the prior DWI conviction, you are looking at 90 days in jail on top of other fines, penalties and additionals suspensions. Again, get a good attorney.
Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. This response does not create an attorney-client relationship.
The fact that you have a NY license may be an issue. The interlock law is not well thought out. It should apply only to NJ licensees. NJ can no more order an interlock on your car as a condition of your NY license than it can corrective eyeglasses or a spinner knob on your steering wheel. But, then again, you were a NJ license holder at the time of the sentencing and it is a condition of you ever driving in NJ until the interlock period is satisfied.
DUI DUI as a criminal offense DUI penalties DUI sentence DUI charges DUI and driver's license penalties DUI and suspended license Ignition interlock device Criminal defense Civil penalties for DUI Criminal charges Crimes against society Defenses for criminal charges Criminal court Criminal sentencing Criminal fines Criminal conviction Tickets for careless driving License suspension for traffic tickets DUI fines Court orders
Sign up to receive a 3-part series of useful information and legal advice about DUIs.