Your first appearance will be arraignment where the judge will simply inform you of your charge(s) and rights. Nothing conclusive will happen at that time. You won't get a public defender automatically. You will need to apply and pay for it. If/once the judge approves your application, then... View More

He really only has two options. One plead guilty in which case the judge will just sentence him to what he thinks the proper penalty will be. Or choice Two Plead not guilty and either he can represent himself or hire a lawyer. A lawyer will look for any defenses he may have and even if none... View More

Your ethanol level needs to be convereted to BAC level which is generally on the lab work. The DWI limit is .08 but you can still get a DWI even with a lower level than the limit as the limit is only a presumption that your driving ability was impaired by alcohol. Definately get a lawyer to... View More

Based on your reported ethanol level, it’s likely that you were over the legal limit in New Jersey, where the per se limit for DUI is 0.08% BAC. However, various factors can impact your case, including hospital testing procedures and legal defenses. You may face DUI charges, potential license... View More

I'm sorry about your accident. I hope all involved are okay. Aside from the criminal defense aspects that my colleagues address, there is the issue of possible claims if another vehicle was involved or if property damage was involved. Therefore, it would be advisable to consider placing your... View More

Yes, it is possible for charges to be added to a citation or ticket after it was issued. The fact that the vehicle was parked on private property does not necessarily prevent additional charges from being added. When a cop issues a ticket or citation, it is typically sent to the local prosecuting... View More

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answered on Apr 5, 2024

If you were able to overturn your plea or conviction then yes, you should be able to benefit from the new law. However, you will not be able to simply withdraw your plea or overturn your conviction based solely on the new law being passed.

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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

Just based on what your telling me it sounds like the state would have a big problem proving its case. That being said we can't see the discovery your lawyer received so any opinion we give you is worth the price your paying for this advise (nothing). If your unsure speak with another lawyer... View More

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answered on Jun 13, 2025

Given your history of eight prior DUI convictions in New Jersey, with the last one in 2011, and now facing a potential ninth from a 2023 incident, the situation is indeed serious. New Jersey law treats repeat DUI offenses with escalating severity, and while the statute outlines penalties up to the... View More

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answered on Apr 13, 2025

In New Jersey, you have the right to access evidence in your case, but since your DUI case is concluded and you've accepted a plea, the situation can be a bit tricky. The evidence collected during your case generally belongs to you as the client, but once a case is closed, it may be up to the... View More

Yes generally 3 to 5 years of jail you would be looking at unless the car is valued at more than 75K or more than one car was stolen. In that case your looking at more time generally 5 to 10 years so make sure you hire a good lawyer, to have your best chance of avoiding that outcome. Many of us... View More

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answered on Oct 27, 2024

You were approached by a township official while standing next to your parked vehicle on private property. The officer was searching for vehicles similar to yours that had been reported as a hazard by a citizen. It seems you were issued a citation or accused of being intoxicated.

You might... View More

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

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.

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.

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

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.

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

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.