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New Jersey DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for New Jersey on
Q: If a breathalyzer gets result is 0.0% is the violation still prosecutable?

my son (20 years of age) was arrested for a DUI in Howell Township, NJ based on the visual and physical exams at roadside. He admitted to the officer that he had consumed alcohol several hours earlier in the day but was currently sober. He was cooperative, and was arrested, taken to the police... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 18, 2021

Yes it is prosecutable because he may have not been under the influence of alcohol, but instead under one or more types of drugs which made him unable to perform the sobriety tests. Note that although alcohol is legal and marijuana is legal it is not legal to drive with them in your system. Also... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Gov & Administrative Law for New Jersey on
Q: best way to get the lowest amount of fines for multiple drunk driving fines?

39: 4-50,4-97,4-97.2,4-96,4-56,4-67,4-130,4-129A,3-74,3-33

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 26, 2021

In all honesty you should not be concerned about the fines but a few of these violations have a mandatory loss of license and even the possibility of jail time. That's what you need to hire a lawyer for, to try to reduce or eliminate these penalties. Money you can always make more, and you... Read more »

1 Answer | Asked in DUI / DWI for New Jersey on
Q: if you have DWI in NJ & PA at the same time should you have a lawyer in each state or one for both

included with DWI in NJ in July 2021there was also pos of a controlled substance and 3 other charges. The other DUI was in April 2021.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 10, 2021

That's up to you as long as your lawyer is licensed in both states you can have one lawyer as lawyers are licensed by state. The problem is you want the best lawyer for each case and that may not be a lawyer that is licensed in both states as your lawyer may have a high success rate in PA and... Read more »

2 Answers | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: I need a pro bono later I live in north Brunswick nj traffic atop DWI and careless driving court date may 5,2021

No

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 2, 2021

A pro bono lawyer is given by the court and he is called the public defender. You need to request one on your court date and if you qualify one will be appointed for you.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Would this offense be on my permanent record even though I was the passenger?

I received a ticket for consumption of open alcohol as a passenger and I spoke with the officer and he said that no points would be added to my license nor would it go on my record. The only thing I would need to do is pay the fine relating to the offense. This is my first offense and I’ve... Read more »

James A. Abate
James A. Abate answered on Apr 12, 2021

That is a motor vehicle violation so it would got on your motor vehicle abstract.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: In New Jersey has the court made a final decision that DRE evidence is admissible in DUI cases?

Can DRE testimony be used in a municipal or state court cases in the state of NJ?

James A. Abate
James A. Abate answered on Apr 2, 2021

The special master decided that a Frye hearing is required to determine if DRE evidence is generally accepted. The Supreme Court approved of this, but did not issue a stay on DRE cases. Each municipal court is free to do what they please.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Has the superior court decided on on the admissibility of DRE evidence yet?

My case is solely based on DRE observations - no urine taken - no blood taken and a 0.00 blown in breathalyzer. Is the DRE observation enough to convict me with just observing me by DRE officer?

James A. Abate
James A. Abate answered on Mar 20, 2021

The Supreme Court has denied a stay for these issues. So you should be demanding an immediate trial. Since the Frye Hearing is ongoing the DRE would be inadmissible and you should win.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If you have a dwi and 2 years later are charged with a refusal to submit are the penalties enhanced as a second DWI or

remain the same as a first time refusal?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

More information is needed to properly answer your question, so I suggest consulting with a lawyer to get the correct answer for your situation, but In general they are different offenses so the answer would be no, but generally if you have a refusal you get a DWI also so that would be your second... Read more »

2 Answers | Asked in DUI / DWI for New Jersey on
Q: I got my 1st DWI 1991- 2nd DWI 1996 - 3rd DWI - 2016, convicted 2018. The judge gave me a step down .

How does NJ DMV Consider my offense’s 2 or 3?

Does the state of New Jersey consider me a 2nd time offender or a 3rd time offender? As far as how many DWI’S I have had in a lifetime. What should be showing on my Drivers Abstract a 2nd DWI or 3rd DWI??

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 19, 2020

Best to ask your lawyer who handled the case but generally a step down only relates to the sentence and not to the number of DWI s you had so probably it's your third but check with your lawyer.

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: What would be the best option in this situation

16 years ago and underage I was involved in a dui in montage New Jersey I am now 34 years old and I have outstanding warrants in New Jersey due to having to move out of state to help my mother take care of my handicap brother and she has since passed 3 years ago I am now a grown woman who has... Read more »

James A. Abate
James A. Abate answered on Oct 17, 2020

You should retain an an attorney to have the warrant lifted and resolve the case.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: I live in New Jersey but my license was suspended in New York. Am I able to apply for a license in New Jersey still?
James A. Abate
James A. Abate answered on Sep 17, 2020

You will be asked if you are suspended in any other state. So the answer is no.

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1 Answer | Asked in DUI / DWI, Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: I would like to file a motion to seal records of a NJ Supreme Court/Appellate Division. Where do I file?

This court order stemmed from my appeal of a Motor Vehicle decision to suspend my license when receiving out of state information. I am finding it hard to have such information on immediate search engines when my name is "searched". It is affecting my ability to obtain the level of... Read more »

Gerald D. Siegel
Gerald D. Siegel answered on Jul 6, 2020

It's public information by law.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Why am I getting a judgment from the town in which I got a DUI, first time, and paid my fines in full, went to rehab and

got my license back exactly ßeven months TO THE DAY; and now I am only$600 away from paying me surcharges IN FULL! What more do they want from me??? By the way, this happened babe in December of 2017, and I haven't gotten a ticket since

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 14, 2020

Unfortunately we can't answer that question cuz we don't have access to your records, call MVC or the Court and ask.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Where do I call or email to get a warrant of satisfaction? I like in nj

My liscense is suspended and I can't get the DMV see the problem. All they say to me is it's just suspended. It dosnt say why. I heard I needed a warrant of satisfaction

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 4, 2020

I suggest setting up a consultation with a good lawyer, as much more information is needed to answer your question and at this point we could only guess.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Q: Can I get a Disorderly conduct plea taken off my record or fully sealed or expunged, this conviction was IN NY.

I was arrested 10 years ago In NY when I was 22 , and i understand my conviction was conditional discharge, I wanted to know if there is anyway I can get it expunged or pardoned in any way, I have noticed that I have applied for many govt jobs and have been turned down do to my criminal background,... Read more »

James A. Abate
James A. Abate answered on Apr 22, 2020

This has been posted to the New Jersey forum. you will need to ask lawyers in New York.

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1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: does pleading guilty to breathalyzer count as a first dui offense? Also can you appeal your decision?
James A. Abate
James A. Abate answered on Mar 20, 2020

Opting for the ignition interlock device is a fist conviction. You should retain counsel and determine whether the charges are defendable. You cannot appeal your decision, but you may be able to withdraw a plea. You may only appeal decisions of the judge.

1 Answer | Asked in Civil Litigation, DUI / DWI and Traffic Tickets for New Jersey on
Q: I was driving 40 miles an hour limit is 45 I got pulled over he gave me a tic
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 30, 2019

It is possible to get a ticket for going under the speed limit. Speak to a lawyer.

1 Answer | Asked in DUI / DWI, Election Law and Gov & Administrative Law for New Jersey on
Q: If a government official is arrested for and convicted of a dui, is that an impeachment or grounds for one?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

A DUI in NJ is a motor vehicle offense not a crime

2 Answers | Asked in Criminal Law, DUI / DWI, Constitutional Law and Election Law for New Jersey on
Q: Can a dui arrest be an impeachment?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

An impeachment for what. I suggest reposting your question with more information

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is there intent to operate

If my Vehicle was out of fuel keys in ignition can i get a DUI drinking inside on the shoulder of highway

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 26, 2019

Maybe that is up to a judge, a prosecutor would argue that since the keys were in the ignition you intended to operate the car, the fact that the car was on the shoulder shows that you operated it and you intended to continue to operate the car just due to circumstances beyond your control it could... Read more »

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