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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 4
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DUI/DWI
New Jersey

Recent Legal Answers

What would be my best options to follow before my court date in a month for DUI 2 counts endangering a child under 14 and failure to maintain lane?

Answered 13 years ago by William A. Siebert (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Best option: start alcohol counseling. That will impress the judge and the prosecutor. Second best option: get a lawyer and follow his advice.
Best option: start alcohol counseling. That will impress the judge and the prosecutor. Second best option: get a lawyer and follow his advice.

What would be my best options to follow before my court date in a month for DUI 2 counts endangering a child under 14 and failure to maintain lane?

Answered 13 years ago by Hudson Thomas Bair (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Hire a lawyer, child endangerment can result in parenting classes, child protective services involvement and other onerous outcomes. A DUI lawyer may be able to help you avoid the child endangerment charge(s) and develop a strategy for defending against the DUI charges as well. Most DUI attorney's offer free consultations where they will discuss the facts of your case and the possible defenses and outcomes.... Read More
Hire a lawyer, child endangerment can result in parenting classes, child protective services involvement and other onerous outcomes. A DUI lawyer may... Read More

I HAD A DUI IN N.C. 5 YEARS AGO NOW 1 RECENTLY IN N.J.

Answered 13 years and a month ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
did you have a NC license when you received the NC  DWI conviction ? do you have a NJ license for this conviction ? under most circumstances, the nj conviction would be your second conviction. ed dimon, esq
did you have a NC license when you received the NC  DWI conviction ? do you have a NJ license for this conviction ? under most circumstances,... Read More

If a DUI conviction was appealed and won, meaning overturned, will it be listed on a criminal conviction search. This happened in 1979

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
an 'arrest' is an 'arrest' and not a 'conviction'. the 'arrest' will be listed on a 'criminal background check'. the DUI conviction and the successful appeal of the conviction will also be listed. the issue is that these charges are 'motor vehicle violations'. motor vehicle violations cannot be expunged.  ed dimon, esq. 732-797-1600 ext 235... Read More
an 'arrest' is an 'arrest' and not a 'conviction'. the 'arrest' will be listed on a 'criminal background check'. the DUI conviction and the... Read More

dui

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the level is within the range which would cause the municipal prosecutor to move to a lesser charge if you could demonstrate a 'procedural impediment' regarding the 'reasonable suspicion' for the 'stop' or with regard to the test. if you had a higher reading, the prosecutor would not entertain the discussion of a close call on a 'procedural failing' by the police. ed dimon, esq. 732-797-1600 ext 235... Read More
the level is within the range which would cause the municipal prosecutor to move to a lesser charge if you could demonstrate a 'procedural... Read More

Will a Prosecutor take extraordinary mitigating circumstances into consideration?

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
plea negotiations are not allowed for DUI/DWI cases. you need a 'legal argument' based upon the 'mitigating circumstances' to change/alter the DWI charge. you do need an attorney. ed dimon, esq. 732-797-1600
plea negotiations are not allowed for DUI/DWI cases. you need a 'legal argument' based upon the 'mitigating circumstances' to change/alter the DWI... Read More

Are DUI field sobriety tests pass or fail?

Answered 13 years and 3 months ago by Geoffrey MacLaren Yaryan (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
It's true that DUI field sobriety test are generally pass or fail although many argue that this should not be the case. I usually argue to juries that this is a flaw and that they should not consider testimony using a pass or fail standard.
It's true that DUI field sobriety test are generally pass or fail although many argue that this should not be the case. I usually argue to juries ... Read More

I been charge with DUI, the public denfender say he cannot review the discovery until day of the hearing . I though the discovery was available immedi

Answered 13 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
DWI is a serious offense with serious consequences. if i were you, i would hire an attorney. work with your family and friends to raise the money. you will the avoid the 'assembly line'. ed dimon, esq.
DWI is a serious offense with serious consequences. if i were you, i would hire an attorney. work with your family and friends to raise the money.... Read More

Will my Commercial Driver’s License be suspended after 11 months case dismissed?

Answered 13 years and 3 months ago by Mr. Parrish Collins (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
In New Mexico, the MVD hearing must be held within 90 days of arrest. If the hearing was not set within the 90 day period, then the MVD action would be dismissed. However, if it was set within the time limits and neither you nor a legal representative appeared, then chances are your license would be revoked. The MVD action is completely separate from the DWI in criminal court. In fact, you win the DWI trial and still have your license revoked by MVD. Likewise, it is not uncommon for the MVD action to get dismissed on a number of grounds (generally because the officer did not show) and still convicted on the DWI.... Read More
In New Mexico, the MVD hearing must be held within 90 days of arrest. If the hearing was not set within the 90 day period, then the MVD action would... Read More

Is there anything I can do to avoid jail for a 3rd DWI in New Jersey?

Answered 13 years and 4 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
you need an over-all evaluation of the three DWI charges. 1. was anyone injured ? 2. how reckless was the behavior ? 3. did you have representation ? 4. what were the consequences ? 4. have you sought help for your medical issues ? drinking issues ? 5. are you a member of AA ? 6. are you receiving medical treatment ? counseling ?  if you do not take measures to help yourself, the task will be most difficult.  i would like to discuss our approach. we have had success by being 'anticipatory of society's needs. ed dimon, esq. 732-797-1600 ext 235... Read More
you need an over-all evaluation of the three DWI charges. 1. was anyone injured ? 2. how reckless was the behavior ? 3. did you have representation ?... Read More

In New Jersey, can a ticket be thrown out if it has wrong information on it?

Answered 13 years and 4 months ago by Gary Moore (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you are talking about a misspelling of the street name or your name, such a mistake can easily be corrected by the Court upon a motion by the prosecutor. Obviously, YOU were given the ticket.
If you are talking about a misspelling of the street name or your name, such a mistake can easily be corrected by the Court upon a motion by the ... Read More

If I am driving erratically because I have to pee from drinking too much water can I get charged with a DUI?

Answered 13 years and 5 months ago by Michael J. Breczinski (Unclaimed Profile)   |   12 Answers   |  Legal Topics: DUI/DWI
If you also have enough alcohol in your system then the answer is yes.
If you also have enough alcohol in your system then the answer is yes.

my 21 year old was charged with a DUI but passed the breathalizer. will he loose his license

Answered 13 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
DUI/DWI is a serious charge. the nj supreme court said no 'plea bargains' on DWI. your attorney must attack the basis for the 'stop' of the validity of the 'field test'. what was the basis for your son being stopped ? what were the 'field tests' ? what was the breathalyzer reading ? these are crucial facts i need to know.... Read More
DUI/DWI is a serious charge. the nj supreme court said no 'plea bargains' on DWI. your attorney must attack the basis for the 'stop' of the validity... Read More

Can the cops prove I was high on weed when I was pulled over and arrested?

Answered 13 years and 5 months ago by Gary Moore (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You may be able to win the dui case.
You may be able to win the dui case.

What happens if you do not appear at a municipal court hearing in response to a subpoena to testify?

Answered 13 years and 5 months ago by Gary Moore (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
A warrant may be issued for his arrest.
A warrant may be issued for his arrest.

Can a DUI be dropped if I took inhaler prior to getting breathalyzer?

Answered 13 years and 6 months ago by Gary Moore (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Charges dropped. No chance. You will have to defend yourself. You need a lawyer.
Charges dropped. No chance. You will have to defend yourself. You need a lawyer.

What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule?

Answered 13 years and 6 months ago by Michael J. Breczinski (Unclaimed Profile)   |   14 Answers   |  Legal Topics: DUI/DWI
Usually none or once. It depends on why they did not show up. Your attorney could move to dismiss.
Usually none or once. It depends on why they did not show up. Your attorney could move to dismiss.

What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule?

Answered 13 years and 6 months ago by Steven Jed Alpers (Unclaimed Profile)   |   14 Answers   |  Legal Topics: DUI/DWI
At least one time, but unless you demanded that they be present the hearing can be done without them.
At least one time, but unless you demanded that they be present the hearing can be done without them.

What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule?

Answered 13 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   14 Answers   |  Legal Topics: DUI/DWI
That will be up to the DMV officer. There is no set restrictions on continuances.
That will be up to the DMV officer. There is no set restrictions on continuances.

How much jail time am I looking at for a first time offense of an extreme DUI being 20 years old with a clean record?

Answered 13 years and 7 months ago by Jared Altman (Unclaimed Profile)   |   22 Answers   |  Legal Topics: DUI/DWI
Probably none.
Probably none.

How much jail time am I looking at for a first time offense of an extreme DUI being 20 years old with a clean record?

Answered 13 years and 7 months ago by Leonard A. Kaanta (Unclaimed Profile)   |   22 Answers   |  Legal Topics: DUI/DWI
Up to 180 days in jail, $200-700 fine, suspension of license for 45/1year, 6 points, interlock.
Up to 180 days in jail, $200-700 fine, suspension of license for 45/1year, 6 points, interlock.

How can I get my license back after a third DUI?

Answered 13 years and 7 months ago by Jennifer Leigh Gottschalk (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you have complied with all conditions of your sentence, then you are just about done. You have to pay $100 restoration fee to Motor Vehicle Commission (you can probably do that now). On your 10th anniversay, go to an MVC office and apply for your license.
If you have complied with all conditions of your sentence, then you are just about done. You have to pay $100 restoration fee to Motor Vehicle... Read More

Can I get a suspension reduced for time served since I now have served a year of the suspension since I went to court?

Answered 13 years and 7 months ago by Jennifer Leigh Gottschalk (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
In New Jersey, if you have already served both periods of suspension, you can pay a restoration fee to the State Motor Vehicle Commission and as long as you fulfilled all other terms of your sentence, you can be restored.
In New Jersey, if you have already served both periods of suspension, you can pay a restoration fee to the State Motor Vehicle Commission and as long... Read More

Should I plead not guilty to a DUI charge even if I blew a high number?

Answered 13 years and 7 months ago by Leonard T Schwartz (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
First, the number could not be .84. You would probably be dead. .08 is the minimum for dui in NJ. I would plead Not Guilty and hire an attorney. Each state is different and you might get lucky and avoid a license suspension in NJ.
First, the number could not be .84. You would probably be dead. .08 is the minimum for dui in NJ. I would plead Not Guilty and hire an attorney. Each... Read More

I received a DUI ticket in 1980. I then received two in 1990 and 1991. Finally, I received one in March, 2012. New Jersey law states that if you have

Answered 13 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the analysis can be done utilizing your drivers' abstract. if there is a technical problem with one of the DWI convictions, we can research the validity of the conviction to see if it can be 'overturned'. i would like to talk with you. ed dimon, esq. 
the analysis can be done utilizing your drivers' abstract. if there is a technical problem with one of the DWI convictions, we can research the... Read More
DUI/DWI
New Jersey

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