Lawyers, Answer Questions  & Get Points Log In
Questions Answered by H. Scott Aalsberg
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 Personal Injury for New Jersey on
Q: i was injured because of the design of a sneaker. can i sue ?

i was wearing a new balance sneaker. it has hooks for easy lace up on the high top area. the lace loop (bow) on the one shoe caught a hook on the other shoe and i took a bad fall.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 23, 2023

Sure you can sue but the amount you will recover will depend on how badly you were injured, speak with a lawyer to determine what your best options are.

3 Answers | Asked in Criminal Law for New Jersey on
Q: Why do I have a post indicted arraignment when I haven’t been indicted yet ?

October 2022 I was involved in a car accident. Hit 3 juveniles. Charges with 3 account of attempted murder and three accounts of agg assault. I was released on house arrest. But I haven’t been to court since being released. My court date if October 2023. I wasn’t indicted yet.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 23, 2023

Most likely you have been indicted and your attorney just didn't tell you yet (not good). Obviously it can always be a mistake by the clerk of the court, but that is rare and in 30 years of practice this has never happened in one of my cases.

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can confidential section information be used against you for a traffic citation

I sped 100 in a 70 traveling in Pennsylvania I am a New Jersey resident. However, the cop wrote the ticket for 75 in a 70. In the confidential information section he wrote "100 in a 70". Could that be used against me in court? He also gave me a careless Driving citation.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 20, 2023

You posted your question in the NJ section since this is a PA question you need to post it in the PA section to get the correct answer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is it has been over 10years that the father has committed crime

A sibling is 32 years old and she filed a restraining order that the father broke. She filed the retraining order and informed officers about sexual assault when she was younger. He sexual assaulted her from ages 5- 21. She finally spoke up after 11 years. She is now 32 years old. And now he is in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 27, 2023

Unfortunately these types of crimes have no statute of limitations so they can even prosecute you 40 years later such as what they have done with many priests. The problem is this is one persons word against another, thus make sure he gets a great lawyer as its only chance of staying out of jail... View More

3 Answers | Asked in Civil Litigation for New Jersey on
Q: Can a lawyer please help me review a contract?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 11, 2023

You have to get on the phone, setup a consultation with a lawyer meet him/her feel confident with him/her and then hire them to review it for you. A lawyer will charge you for the time it takes to review the document and answer your questions, like plumbers or electricians our time is the way we... View More

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got pulled over for speeding the cop threw my pba card at me. What should i do

Also gave me a ticket for my brake light which was on. My light was dim. Still have me a ticket and told me that 2023 stae nj pba card doesn't work. So he threw it back in my car

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 6, 2023

The officer is correct. The card is supposed to show your a supporter and is really for your own use, not a get out of ticket free card.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: If a town cop was stopped on the shoulder of an interstate, can he give a citation for speeding on interstate highway
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 2, 2023

Yes the officer does have the authority to give you a ticket. If you got one hire a good lawyer in most cases a good lawyer can help to reduce or eliminate the penalties that you face.

3 Answers | Asked in Personal Injury and Criminal Law for New Jersey on
Q: I'm having charges pressed against me after my drunk "friend" fell and hit her head. Do I have a case?

My friend and I were at Applebee's when she had 2 double shots of tequila and a Margherita. As I was walking her out of Applebee's and to my car, I had to adjust my grip (I was helping her walk) when she fell and hit her head on the sidewalk. She's now saying I assaulted her. Help me please!

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 19, 2023

The only way we can help you is if you hire one of us lawyers to represent you to defend your criminal charge. But it sounds like you won't just need a lawyer but also an investigator to get a copy of any videos outside the restuarant to prove what your saying is true. Unfortunately a... View More

View More Answers

1 Answer | Asked in Criminal Law and Personal Injury for New Jersey on
Q: What kind of lawyer handles theft by a towing company?

My vehicle was towed in NJ and a few weeks after getting the vehicle back when opening the back of the truck there were over 10K of mechanic tools that were stolen. What kind of lawyer handles this kind of case and how long can you file suit?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 4, 2023

Generally you would want a civil litigation lawyer to handle this type of matter. But even if you call the wrong lawyer many times they can refer you to someone who does.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will I be contacted by the Prosecutor to discuss being a witness in an assault charge I filed against my husband?

My husband is the defendant and now I've been told, I would be a witness in this case. Will the prosecutor's office contact me to go over my testimony or should I contact them?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2023

Generally the prosecutor will contact you, but lots of time they don't contact you until the day of court. They don't really go over you testimony with you, but do ask some questions if they are interested in pursing the case. For that you may want your own private lawyer.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Pro bono help needed for Woodbridge,NJ Traffic license suspension need all expunged who to call?

I have been homeless on and off. Trying to get back on my feet requiring a license for full time employment

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 20, 2023

Unfortunately you cannot expunge traffic violations only criminal charges in NJ

2 Answers | Asked in Contracts for New Jersey on
Q: If I rented space in my yard to store boats and wrote a receipt without terms, is the receipt a binding contract?

I rented some space in my yard to someone to store a couple boats. He paid me $500 upfront for 2 months. I was not aware of the cost of storing a boat. I left for a couple hours and when I came back there was 5 boats, a total of 120 ft in total length and scattered all around the yard not parked... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 4, 2023

We are not allowed to give specific legal advise on this website. But generally a signed contract in writing will be enforced by a court. Best to do what he said and get a legal consult/opinion , but we would need to see the contract to tell you if your contract could be enforced and expect a... View More

View More Answers

1 Answer | Asked in Estate Planning for New Jersey on
Q: How to bind together multiple pages of the last will?

If the will has multiple pages how to bind them together? Do I need to number and initial every page? Can notary stamp every page? asking for NJ

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2023

Honestly, if you need to ask this question you should hire a lawyer to prepare your will. I have seen many people save a thousand dollars on having a will made only to end up in probate court spending tens of thousands to rectify the errors that were made in the Will. It is called being penny... View More

1 Answer | Asked in Car Accidents for New Jersey on
Q: What do I do if I receive a letter from an attorney in Chicago notifying me of a suit for an accident I wasnt in?

It gives me an address in Chicago where the accident happened, but I’ve never been to Chicago, nor have my vehicles. They want me to call them with my insurance or forward the letter to them. What do I do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 15, 2023

Much more information would be needed to properly answer your question such as was the accident a covered event under your insurance, Did someone drive your car to Chicago, Was your car stolen etc. Speak with a lawyer or if you have insurance for this event your insurance company. I suggest a... View More

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does a Last Will and Testament with a trust signed before marriage valid after my marriage in NJ?

What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?

What if I pass before I have a chance to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 4, 2023

More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... View More

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a car that is originally manufactured and sold in Ohio. It never had a front license plate bracket.

Do I have to add a front license plate if the car is now registered in NJ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 24, 2023

Yes it doesn't matter where a car is sold, it matters where the car is registered for license plate rules.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 19, 2023

Maybe but a lot more information would be needed to be known before a lawyer could properly answer your question. Most evidence can be used in criminal court, but evidence standards still apply. Furthermore if this is a criminal case and you are not the defendant you generally can't present... View More

View More Answers

3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 12, 2023

You can only fight it by going to court (which is mandatory) with a good lawyer on your side. Unfortunately, she has the upper hand in this matter and you need to try to even the playing field.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.