Hello. Just about 5 yrs ago maybe 6 I got ticketa for dui in nj. Rough time in life my mom passed sudden, I found her and just and a 1000 mile stare running wild for help. So after the dui I got scared and wanted help lawyer told me to go to rehab so I flew to FL completed 3 mos rehab followed by 6 mos to almost a year aftercare. Then all of a sudden it's been 5 years and I have just been staying low here and holding jobs. Now I want to take care of it. Do not know if file a motion for speedy trial works in my particular case. Lawyer was going to court with progress notes and then it just got quite. He told me to take the time I needed to get well and happy. Lawyer says now, that i may have to be in NJ for a month max to resolve it but I have a job and I rent a room here. What should I do, what am I looking at for charges? Should I do my homework and see if arresting officer is still in municipality? I want to move on
I do not know all the facts and circumstances. But it sounds like you have generally been on the run from the case for 5 years. That would not support speedy trial motion. The state has done nothing to prevent your trial. In addition, there is likely a warrant for your arrest in New Jersey and you will need to post bail.
How long it will take to resolve depends on how you want it resolved. If it is a plea you are interested in, that can be done in a day or through an affidavit in some parts of the state. What you are facing depends on whether this is a first offense. If your lawyer sent you to rehab, I suspect this is not your first.
First offense- 7-12 month licnse loss.
Second Offense - 2 year license loss
Third offense- 10 year license loss plus 180 days jail.
Given the time, its possible that you may be able to win the case. I suggest you consult with counsel about your case.
Most likely there was a warrant issued for your failure to appear in Court. If that is the case, your license is suspended and cannot be restored until this matter is resolved. You will have to go back to court to address the dui. Discovery by the State will gave to be provided and a determination will have to be made by the State if they intend to proceed with prosecution of the charge. Good luck.
Sorry about your mother and the circumstances surrounding her passing. First, the consequences if you are convicted depend on whether this is a 1st, 2nd or 3rd (or subsequent) DWI. Regarding the "speedy trial", the fact that you left the jurisdiction will most likely work against you on this issue.
It is possible that the 5-year time delay can benefit you. I have had similar cases where witnesses and evidence are missing. It is a good idea to poke around to see whether the witnesses (including the arresting officer) are still around. At this point, there is likely a warrant for your arrest, so you will have to post bail (many courts allow this to be done by mail although some want you to appear in person) to vacate the warrant. This will place the case back on track. At this point, the State's case can be carefully examined to determine the best course of action. While you want to move on, a quick approach may not be as beneficial as a slow and methodical one.
You can always do your homework, but just because an arresting officer is not working in the police department doesn't mean that he still can't come to court. I have had DWI cases where the police officer was flown in from Florida for Trial. That being said you should trust your lawyer, to do the right things for you. If you feel your lawyer is not doing his job or is doing it incorrectly you can always see another attorney fro a 2nd opinion. Of course the new lawyer will charge you for his opinion, but if you feel your case is not being handled correctly it may be worth the money. Good Luck.
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More information is needed. but if you have an attorney use the attorney. It is unusual that the case would pend this long. there may be a warrant.
"I have a lawyer. What should I do"? Call your lawyer, simple. Stop looking for outs, if they had you then they have you now, and getting a DWI dismissed especially when you have been ducking it will be difficult if the lawyer did not find a way to do it before. Officers like to come back in cases where people duck them, so unless he is dead don't count on him not coming back. You are in denial. I'm sure your lawyer told you what to do and you are not doing it.
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