Questions Answered by Joseph F. Morgano

Q: What should I do if charged with 2c: 35-10a(4) dp and 2c 36-2 dp First time offense

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Feb 2, 2017

The max sentence is a $1,000 fine, up to six months in jail, loss of driving priveleges and a criminal record. The good news is jail is unlikely. Further, if it's your first offense as you have indicated you would be eligible for a conditional discharge. Additionally there may be grounds to successfully challenge the charge itself. You should consult with an attorney.
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Q: I got two tickets. Driving down one way and Careless driving I want to know if I can get these charges reduced?

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Feb 2, 2017

The tickets are two points each. If you hire an attorney you will likely get the points reduced. An attorney will be able to resolve the matter by way of affidavit, so you will not have to appear. The lawyer fees will depend on the lawyer.
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Q: I was charged with a dui this week and i have a pending one from the summer - what am I looking at here?

3 Answers | Asked in DUI / DWI for New Jersey on
Answered on Jan 27, 2017

Loss of License. If you are convicted of or you plead guilty to a DWI in New Jersey, the duration of loss of license can vary depending on certain factors. One factor is the BAC (breath alcohol content) level, if you have submitted to a breathalyzer test. If you're BAC level is .08 or higher, but less than .10, the duration of loss of license is three months. (For first offense only) If you you're BAC level is .10 or higher, the duration of the loss of license is seven months to one year....
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Q: I received a ticket for "Failure to observe traffic control device" by a cop. Can I get out of this with no points?

3 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 19, 2017

This is a 2 point ticket that can impact your driver's license and insurance premiums. If you hire an attorney, you will have a good chance at getting it reduced to zero points.
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Q: What is the difference between a DUI and a DWI in New Jersey?

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Jan 6, 2017

NJ has DWI not DUI. It is derived from the statutory language. In NJ the statutory language is "driving while intoxicated". Other states have statues using "driving under the influence", thus it is called DUI in those states. The two terms, however, are used interchangeably. Technically speaking though, NJ has DWI not DUI.
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Q: Reasonable suspicion for search...

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for New Jersey on
Answered on Jul 19, 2016

A faulty break light would be a reason for a valid stop. From that point on, if the officer detects the odor of drugs or alcohol; or there is contraband in plain sight; or your behavior is such that it appears that you may be under the influence; or other factors, the officer will investigate further. However, the 5 year old record alone should not lead the officer to investigate further, other than issuing a summons for the faulty break light. If the officer suspects that there may be CDS...

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