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New Jersey DUI / DWI Questions & Answers
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... View 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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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... View 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... View More

Gerald D. Siegel
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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
H. Scott Aalsberg
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
H. Scott Aalsberg
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,... View 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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View More

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: What dose NJ violation 2C : 12-1C (2) mean and how bad is it

My son dwi last night

Howard Lesnik
Howard Lesnik
answered on Jun 1, 2019

It’s an assault by auto charge, which is a 4th degree offense and up to 18 months in jail, unless it happened during a DWI, in which case it is a third-degree offense, punishable from 3 to 5 years in state prison.

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2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Municipal Law for New Jersey on
Q: I was ask to take breathe test but machine was broken so I was told I don't have to take it then I was charged with ref

It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court

Howard Lesnik
Howard Lesnik
answered on Apr 26, 2019

DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... View More

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Hi Good Afternoon, I would like to ask which statue covers the adult diversion programs in Louisiana.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 28, 2019

I don't know you should repost our question in the LA section of Justia as you posted in in the NJ section and thus would not get lawyers licensed LA to give you the correct answer.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Please tell me what the Surcharge fine amount on a first DWI in NJ was in 1986? Under New Jersey Statute 17:29A-35.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 7, 2019

I doubt anyone here would remember or even have the outdated books to tell you. I would think your best bet would be to call MVC if you had a surcharge from back in the day

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