New Jersey DUI and DWI Legal Questions

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101 legal questions have been posted about dui/dwi by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
New Jersey DUI and DWI Questions & Legal Answers - Page 2
Do you have any New Jersey DUI and DWI questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 101 previously answered New Jersey DUI and DWI questions.

Recent Legal Answers

what are my chances of beating a DWI charge

Answered 10 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
We utilize an approach whereby we use the procedural errors of the police, together with your good record, to downgrade the charge. I would like to explain our detailed and complex approach to you. We have had success. Ed Dimon 732-797-1600
We utilize an approach whereby we use the procedural errors of the police, together with your good record, to downgrade the charge. I would like to... Read More

Judge Winks at Prosecutor.

Answered 10 years and 6 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The problem is that you aceepted the plea deal and testified in open court that you were doing this of your own free will. You had an attorney and an expert. An appeal would be most difficult to win. Ed Dimon
The problem is that you aceepted the plea deal and testified in open court that you were doing this of your own free will. You had an attorney and an... Read More

Motion to Dismiss Violation of Speedy Trial

Answered 10 years and 6 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You accepted the agreement in open court and on the record. The agreement would be most difficult to undue. 
You accepted the agreement in open court and on the record. The agreement would be most difficult to undue. 

Will my DUI from a different state count as my second offense?

Answered 10 years and 8 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
you should run your driver's abstrsct to determine if the PA dui appears on your record. if the dui does appear, this will make your case more difficult in NJ. i would focus upon winning the Nj dui case. if you win or have the case downgraded to a lower tier, then the PA dui conviction will not matter. please call if we can help. ed dimon... Read More
you should run your driver's abstrsct to determine if the PA dui appears on your record. if the dui does appear, this will make your case more... Read More

What if my wife and I are on vacation and we leave no alchol in the house but somehow our kids obtain it, have a party and someone gets injured.

Answered 10 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
 These cases are fact sensitive. How did the alcohol get into the house ?  Did your three children bring the alcohol to the house ?  How did the person get injured ?  Have there been similar problems in the past ?  The issues may be covered by your homeowners policy. Please call to discuss. Ed Dimon 732-797-1600... Read More
 These cases are fact sensitive. How did the alcohol get into the house ?  Did your three children bring the alcohol to the house ?... Read More

DUI 10 years ago and I just got a letter from the town claiming I never paid fines and my license is being suspended.

Answered 10 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
 We are seeing more cases of this nature.  What town is claiming that you did not pay the fines ? Who suspended your license ?  The town or DMV ?  We can obtain your drivers abstract in the records of payments and the records of meeting the DUI requirements.  We can resolve the issues. Please call to discuss . Ed Dimon 732-797-1600... Read More
 We are seeing more cases of this nature.  What town is claiming that you did not pay the fines ? Who suspended your license ?  The... Read More

receiving jail credits on multiple dui convictions

Answered 10 years and 10 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
how far apart were the 3rd and 4th DUI charges ? can you argue 'continuing course of conduct ? ' for the purpose of sentencing ? we need detailed timeline to answer the question. ed dimon
how far apart were the 3rd and 4th DUI charges ? can you argue 'continuing course of conduct ? ' for the purpose of sentencing ? we need detailed... Read More

i have a reckless driving ticket 12 years ago and i need to pay it today and go too court. what can happened to me, it`s in NJ

Answered 10 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
 There are multiple problems. There could be an arrest warrant. You could be held in contempt of court. You could have surcharges. You should use a lawyer. Please call if we can help. 
 There are multiple problems. There could be an arrest warrant. You could be held in contempt of court. You could have surcharges. You should... Read More

can I appeal a failure to blow in breathalyzer case ?

Answered 11 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The key to answering your question and the key to success is the driving record of your fiancé. Does he have one or two prior DUI convictions? The 10 year loss of license in New Jersey is normally given for the third DUI conviction. Why did he receive the 10 year sentence ? We utilize a private detective to obtain the certified drivers abstract. We look at the driving record and see if the sentence is appropriate we try to mitigate the consequences in New Jersey. Please call to discuss the details. There is no cost.... Read More
The key to answering your question and the key to success is the driving record of your fiancé. Does he have one or two prior DUI convictions?... Read More
The refusal standard is a civil standard. To prove the states case, the prosecutor must show by a preponderance of the evidence that the driver refused to submit to the alcohol test. Standard is not The usual criminal standard: prove beyond a reasonable doubt. As such, these cases are most difficult to win. We have a certified trial attorney. This attorney has been the prosecutor in five separate municipalities. He would be able to try your case. A second refusal has serious consequences for both the loss of your drivers license and possible incarceration. Please call to discuss.... Read More
The refusal standard is a civil standard. To prove the states case, the prosecutor must show by a preponderance of the evidence that the driver... Read More

When filling out a job application for a back ground check, does a dui count. Or is it consider a infraction in the state of nj

Answered 11 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I can only answer this question if I know precisely what the question. Were you asked if you have a criminal record? If so, a DUI is not a criminal record. What was the question ?
I can only answer this question if I know precisely what the question. Were you asked if you have a criminal record? If so, a DUI is not a criminal... Read More

hadndui in 2005. 10 yr suspension of license.

Answered 11 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Key to having your license reinstated after a 10 year suspension is working closely with the state of New Jersey Department of motor vehicle. The department of motor vehicle will be able to tell you whether or not you have filled all of the requirements to have your license reinstated. There are procedural requirements which must be fulfilled. For example, you must go to IRDC classes. There are specific fines and surcharges which must be paid. The department of motor vehicle will be able to tell you if you have filled all of the requirements. The process is tedious and painstaking. If you become frustrated and need our help please call. Ed Dimon... Read More
Key to having your license reinstated after a 10 year suspension is working closely with the state of New Jersey Department of motor vehicle. The... Read More

driver license was taken me for dui. can I be pulled over if I decide to drive sisters car

Answered 11 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
you cannot drive. you will be arrested and subject to 180 days in jail with no parole. i just did two similar cases. we had the jail sentences shortened. ed dimon 732-797-1600
you cannot drive. you will be arrested and subject to 180 days in jail with no parole. i just did two similar cases. we had the jail sentences... Read More
bail for DUI is most unusual. are you sure this is the reason for the bail ? were there other charges ? we would like to help. how is her driving record ? what was the reading ? where was she arrested ? ed dimon 732-797-1600 ext 235
bail for DUI is most unusual. are you sure this is the reason for the bail ? were there other charges ? we would like to help. how is her driving... Read More
if this is your first offense and you have a clean driving record in Delaware, you are benefitted in two ways: 1. if any police mistakes were made of if Discovery not properly provided, you have a chance of winning the case. this is much harder if you have a bad driving record. 2. the consequences are less draconian for the fisr offense. if you can afford to do so, i would take a shot at winning. you can have the test procedures vetted by the retired state police officer who trained and certified the testers. you can make sure the 'stop' and 'field tests' were proper. the key is Discovery and the videotapes. our cost would be $3500. the expert would be $250. please call if we can help. ed dimon 732-797-1600 ext 235... Read More
if this is your first offense and you have a clean driving record in Delaware, you are benefitted in two ways: 1. if any police mistakes were made of... Read More

How long should a appeals letter be for the board of reviews? Will it be accepted if dated on the 2oth day?

Answered 11 years and 4 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Send in the appeal letter and doctor reports ASAP. Explain the delay. The key to success is the doctor report setting forth your illness. Why could you not take sick days ? Why could you not take short term disability ? Why did you quit ? Ed Dimon
Send in the appeal letter and doctor reports ASAP. Explain the delay. The key to success is the doctor report setting forth your illness. Why could... Read More

I have a valid license PA. If I return to NJ can the DMV suspend my license?

Answered 11 years and 4 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The proper answer can be given after I review your Driver's Abstract for both NJ and Pa. This will show the charges and sentences and if there are any prohibitions in NJ to you having a license. Ed Dimon
The proper answer can be given after I review your Driver's Abstract for both NJ and Pa. This will show the charges and sentences and if there are... Read More

My girlfriend is unemployed, has no assets and was arrested for driving while intoxicated. Can she obtain a court appointed attorney?

Answered 11 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. She would qualify. Ed Dimon,Esq
Yes. She would qualify. Ed Dimon,Esq

My boyfriends was arrested and charge for a 4th DUI while his license was still suspended for a 3rd DUI. What penalties does this incur?

Answered 11 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
What is your boyfruend's criminal and driving record ? This is crucial because this will or will not tell the judge that the person is thumbing g his nose at the system. if he has a record of breaking the law, then the penalty will be greater. He needs to 'fix ' what is broken in his life. If he can show the judge he is addressing his problems in a realistic manner, he can greatly shorten his sentence. Please call if we can help. Ed Dimon,Esq 732-797-1600... Read More
What is your boyfruend's criminal and driving record ? This is crucial because this will or will not tell the judge that the person is thumbing g his... Read More

What if I was racially profiled coming from a bar?

Answered 11 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
this would be most difficult to prove. what happened ? you would have to prove that you were stopped based upon your race. what was your alcotest reading ? if high, this makes the case more difficulr. ed dimon, esq. 732-797-1600
this would be most difficult to prove. what happened ? you would have to prove that you were stopped based upon your race. what was your alcotest... Read More

Will I be arrested if I try to fly across state lines with a bench warrant issued against me?

Answered 11 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
you need to have an attorney address the bench warrant asap. you will be caught off guard and arrested. your attorney needs to work with the prosecutor and judge.  we just represented a person who had 10 outstanding warrants. we made our appearances for this person. we paid the bail. we paid the contempt of court fines. we addressed the violations.  ed dimon, esq. 732-797-1600 ext 235. please call... Read More
you need to have an attorney address the bench warrant asap. you will be caught off guard and arrested. your attorney needs to work with the... Read More

After restoring my license, am I obligated for further therapy

Answered 11 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
i would work with an attorney to negotiate your way through the  NJ DMV and Court system. the two entities have the ability to prevent you from driving. we have done cases where the Court has re-instated the license and the NJ DMV has taken away the license. ed dimon, esq. 732-797-1600... Read More
i would work with an attorney to negotiate your way through the  NJ DMV and Court system. the two entities have the ability to prevent you from... Read More

I had a DUI/DWI on July 3,2013. After going to trial after trial and an appeal, a 3 month suspension was issued on April 28th.

Answered 11 years and 8 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Please call. We have significant experience with procedural errors by NJ  DMV or the clerks. Ed Dimon 732-797-1600
Please call. We have significant experience with procedural errors by NJ  DMV or the clerks. Ed Dimon 732-797-1600

Got pulled over and charged with a DUI. Cant afford an attorney, what should my first course of action be?

Answered 11 years and 10 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
i would borrow the money from friends and family to hire an attorney. defense lawyers are winning cases which could not be one based upon police errors and failure to provide discovery. the public defender will not be able to mount this effort. please call if we can help. ed dimon, esq. 732-797-1600 ext 235... Read More
i would borrow the money from friends and family to hire an attorney. defense lawyers are winning cases which could not be one based upon police... Read More

will i face jail time for refusing a breathalyzer?

Answered 11 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the DUI and the 'refusal' are two separate charges with two separate sentences. you must address both charges ,as well as the other charges. do you have a clean driving record in pennsylvania ? this will make a difference. if you are convicted, you will lose your license to drive in NJ and you will have have insurance surcharges. they are significant. the NJ State Police have been remiss in providing 'discovery'. this has presented opportunities for us to have the DWI downgraded and in one cae, the charge was dismissed. we would like to represent you. pleasew call. ed dimon, esq. 732-797-1600 ext 235... Read More
the DUI and the 'refusal' are two separate charges with two separate sentences. you must address both charges ,as well as the other charges. do you... Read More