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New Jersey DUI / DWI Questions & Answers
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... Read more »

Gerald D. Siegel
Gerald D. Siegel 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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,... Read 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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... Read 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... Read 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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

4 Answers | Asked in DUI / DWI for New Jersey on
Q: Is title 39, section 4-50 , 4-50.4a. Crime or a Motor Vehicle Charge in the state of New Jersey?

Just a simple question.

Leon Matchin
Leon Matchin answered on Jan 23, 2019

Not a crime. Motor vehicle charge only.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: How to find out whether a DUI case from 2008 in Westfield, NJ is included in the 20K cases mentioned by the NJ Supreme
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 8, 2019

Not really sure but to my knowledge Most people received a letter from the state telling them.

2 Answers | Asked in Criminal Law and DUI / DWI for New Jersey on
Q: How can I fight a 4th degree felony for driving while suspended for 2nd dwi? Is their a mandatory sentence?

Gloucester County, NJ

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 19, 2018

You can only fight it with a lawyer and not many defenses exist at all. The Maximum sentence is 18 months in jail and the minimum is 6 months jail. If you get really lucky and have really good facts and your in an easier county such as Essex you may just get lucky and be able to get PTI which... Read more »

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: If I am driving intoxicated on my own property, can I get arrested for a DUI?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 11, 2018

Well the answer depends on many factors one would be to get to your property did you drive on public property? Generally that is a yes, so yes you could be arrested for DUI. Either way you need a lawyer, call one of us DWI/DUI lawyers most of us offer free in office consultations.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Can anyone tell me if there is a statue of limitation for IDRC in N.J. I received a letter pertaining to a dui 29 yrs.

I fulfilled that obligation back then. If I didn't I would have received a court appearance notice, so I need help if anyone can answer this question. Really 29 yrs, insane. Thank you.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 26, 2018

No Statute of limitations to my knowledge, you need to complete it before you can get your license.

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: My boyfriend got a DUI. Will he be able to get get loans in the future?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 21, 2018

Unless the DWI was part of a criminal case I have never had a client tell me it has affected them from getting a loan except for a car.

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