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New Jersey DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can I petition the court to have a interlock ignition device removed after 2 years of a 3 year sentence
T. Augustus Claus
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answered on Dec 28, 2023

In New Jersey, the decision to remove an ignition interlock device (IID) typically depends on the specific conditions set by the court. While I can't provide the most up-to-date information, in many cases, individuals with DUI convictions may be required to use an IID for a specified period as... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: SWIM got a DUI after NJSP were dispatched for a med check and saw paraphanalia on his lap when asleep in wawa parkin lot

He was never read his rights, he was not given a field sobriety test, no breathalyzer, nor was he impaired at all. The paraphanalia and CDS charges were both dropped by superior court due to the good samaritan law. At the time he was living in his vehicle and was not driving. The attorney he hired... View More

Michael A. Smolensky
Michael A. Smolensky
answered on Oct 6, 2023

More information is required to know the totality of circumstances and to identify any defenses available to this person. A charge of DWI can be defensible, but the defenses turn on the facts of the individual cases. If this friend is unhappy with the legal advice provided by his present attorney,... View More

2 Answers | Asked in DUI / DWI for New Jersey on
Q: What does the word operate mean in statue 39:4-50?

Someone advised me that the NJ AG made it clear that “operate” means in forward motion. Which from my understanding would exclude parked vehicles and vehicles running but not in motion.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 25, 2023

Although this offense is referred to as "Driving While Intoxicated," the case law on the DWI statute's "operation" element is much broader than the common understanding of the word "driving." This charge is not categorically indefensible, but it is considerable... View More

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: What does the word operate mean in statue 39:4-50?

Someone advised me that the NJ AG made it clear that “operate” means in forward motion. Which from my understanding would exclude parked vehicles and vehicles running but not in motion.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 25, 2023

Even if the AG made this clear its up to a judge to determine and unfortunately the courts have made operation not just actual operation but go by whether the person had the ability to operate the vehicle in general. If your charged with a DWI or DUI get a good lawyer as the laws are against you... View More

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1 Answer | Asked in Civil Rights, DUI / DWI and Identity Theft for New Jersey on
Q: Someone used my name and identity during a police call and arrest for CDS and DWI. What type of lawyer should I seek?

Criminal Identity Theft

Defamation

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 15, 2022

To fight the DWI you will need a DWI lawyer. When you find out who used your name you will need a civil litigation lawyer to sue that person. Most of us DWI lawyers offer a free in office consultation during normal business hours.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If I was not driving and pulled over because of other circumstances (such as fume smells bad car) 1st offense) charge?

Iwas pulled over due to my judgement..iwas ubereaing all noise ran outta gas in Newark breathing fumes all night got family to get gas to me at 12pm n still overheated again on way back to linden pulled over because was feeling dizzy etc

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2023

A dwi does not require the police to actually see you drive, it only requires you to have the ability to drive the vehicle. It's crazy but that is the law, its different from the wording of the offense and thus confuses people.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Was pulled over on my own because I was sick from ubering all night broken down and breathing fumes.how am I charged ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2023

Unfortunately we would not know the answer for your question, without seeing your tickets, the police report of your case and by having you giving us a fuller explanation of your interaction with the police to have caused them to charge you with an offense.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Can I file a lawsuit against the State of NJ and the office involved if my cost convition appeal was approved?

My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... View More

Zev Goldstein
Zev Goldstein
answered on Oct 23, 2022

You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Repost w/add’l info: Could a DUI which has been dismissed by the prosecutor be re-charged?

.

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 4, 2022

Attorney General Guidelines for Municipal Prosecutors limit their discretion in plea negotiations on DWI charges. It is unlikely that the Municipal Prosecutor dismissed all charges but the reckless driving without very good reason.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can a DUI that’s been dismissed in NJ be refiled?

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H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 4, 2022

Maybe we would need to know much more information such as did a trial start for the case etc. When were the offenses etc, etc.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Interlock device removal after 90 days, interlock says there is running violation , no BAC offence ,

There is no Alcohol violation, and the car was under maintenance which interlock was notified. Interlock has very clearly stated that during the maintenance date running violation is not taken in account , Interlock has sent non-compliance report to MVC

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 1, 2022

Sounds like your going to have to go to court on this one. Your original lawyer may be the cheapest route on this one as he already knows your case, but you can always hire a new one.

1 Answer | Asked in Car Accidents and DUI / DWI for New Jersey on
Q: Do the police have to bring an intoxicated, clearly injured, person to the hospital following a car accident?

My friend got into a bad car accident while intoxicated. She had a burned, bloody face and expressed her arm was in pain (hospital confirmed it was broken the following day). Upon arrival the police asked if she wanted to go to the ER, but due to being drunk and in shock she declined. They... View More

James A. Abate
James A. Abate
answered on Apr 13, 2022

Due to injuries her field tests may have been compromised. She denied injuries and opportunity to go to hospital. So SFST argument is hard to hold against cops since they did not know. However with a medical expert the accident can be a factor for concussion mobility and other reasons. In many... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Please See below

On Feb. 2021 I was arrested by Evesham Police at approximately 3AM & charged with DWI, I was subjected to a field sobriety test. I explained to the arresting officer that because of severe trauma in my left leg I could not perform the necessary tests.

I was administered a BAC test …... View More

James A. Abate
James A. Abate
answered on Apr 4, 2022

As part of the plea you acknowledged probable cause for the stop and arrest. I do not believe it is worth the $20,000 plus fee that would be required for a case like this. In light of the plea, it would be extremely difficult to bring a civil rights case.

3 Answers | Asked in DUI / DWI and Personal Injury for New Jersey on
Q: If I were to get into an accident, god forbid, would the parent of my tutoree be able to sue me?

Hi. I am tutoring a 16 year old. His mother asked if I drop him home from the library. Can she sue me for life if I get into an accident, how can I avoid this situation? I'm worried. Can I have her sign a contract or is verbal/text consent okay? I am a 20+ adult.

James A. Abate
James A. Abate
answered on Feb 27, 2022

As a driver you are responsible of any injuries which result from your negligence. That includes passengers, other people be they drivers, passengers in other vehicles or pedestrians/ property. Anyone can sue you and possibly also look to your employer if it can be argued that operation of the... View More

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Hello wondering in relation to Johns Law , How long are the Police allowed to keep someone in Custody refuses breath

This person does not own the vehicle and it is impounded and does not have a ride from the Pct . The person also failed the Field Sobriety test and does show signs of intoxication

James A. Abate
James A. Abate
answered on Dec 1, 2021

Police will keep a person in custody until someone comes to get them or they are sober.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: I got dwi in nj on nj license. I have 3 prior in GA on GA license 14 years ago. Because of DLC, do the old ones count?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 26, 2021

Yes they could count, you would need to pay a NJ lawyer to review the statute to see how similar the statutes are to get the answer you need.

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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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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