Answer: You will need to request an administrative hearing before the Motor Vehicle Commission.
Explanation: A little know fact by prosecutors is how a traffic offense will effect a defendant's home state license. Unfortunately, you find yourself in this situation because of that. Your immediate concern needs to be addressed by requesting a hearing with the Motor Vehicle Commission and I would highly recommend retaining an attorney for that hearing. Secondly you may want to consider consulting a New York attorney and asking about retracting your guilty plea (if you plead) or appealing your guilty finding. If you choose to challenge the New York conviction, this would give you more ammunition at the NJMVC hearing. If you need further information or have additional questions, please do not hesitate to contact my Firm.
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Why did you take legal advice from the DA? Speak to a NY lawyer to see if there is a way to re-open the case or appeal based on the fact that you were not aware your NJ license would be suspended. I'm not sure if it's possible as I don't know NY law, but you should have at least talked to a NY attorney about your NY DWI.Ask a similar question
Speak with a lawyer licensed to practice in New York. Many NJ lawyers (with offices in NJ) also practice in NY.
IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. 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 by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, 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.Ask a similar question
First you will need to retain an attorney in New Jersey and file an appeal of the suspension of your New Jersey Privileges. Then you will need to withdraw your plea in New York and fight the charges. Your lawyer from the New York case may be able to help you with this. If you did not have an attorney in New York, it will actually make withdrawal of the plea more attainable.Ask a similar question
In some cases the NY charge can be shown to unlike our DWI and an appeal could work. Slim chance but a chance. If you pleaded to .08 or higher no chance. If under it depends on the facts.Ask a similar question
I am a DWI attorney in New York. If you decide to take any legal action, please feel free to contact me.Ask a similar question
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