Criminal Identity Theft
answered on Dec 15, 2022
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.
answered on Aug 4, 2022
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.
My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... Read more »
answered on Oct 23, 2022
You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!
answered on Aug 4, 2022
Maybe we would need to know much more information such as did a trial start for the case etc. When were the offenses etc, etc.
There is no Alcohol violation, and the car was under maintenance which interlock was notified. Interlock has very clearly stated that during the maintenance date running violation is not taken in account , Interlock has sent non-compliance report to MVC
answered on May 1, 2022
Sounds like your going to have to go to court on this one. Your original lawyer may be the cheapest route on this one as he already knows your case, but you can always hire a new one.
My friend got into a bad car accident while intoxicated. She had a burned, bloody face and expressed her arm was in pain (hospital confirmed it was broken the following day). Upon arrival the police asked if she wanted to go to the ER, but due to being drunk and in shock she declined. They... Read more »
answered on Apr 13, 2022
Due to injuries her field tests may have been compromised. She denied injuries and opportunity to go to hospital. So SFST argument is hard to hold against cops since they did not know. However with a medical expert the accident can be a factor for concussion mobility and other reasons. In many... Read more »
On Feb. 2021 I was arrested by Evesham Police at approximately 3AM & charged with DWI, I was subjected to a field sobriety test. I explained to the arresting officer that because of severe trauma in my left leg I could not perform the necessary tests.
I was administered a BAC test …... Read more »
answered on Apr 4, 2022
As part of the plea you acknowledged probable cause for the stop and arrest. I do not believe it is worth the $20,000 plus fee that would be required for a case like this. In light of the plea, it would be extremely difficult to bring a civil rights case.
Hi. I am tutoring a 16 year old. His mother asked if I drop him home from the library. Can she sue me for life if I get into an accident, how can I avoid this situation? I'm worried. Can I have her sign a contract or is verbal/text consent okay? I am a 20+ adult.
answered on Feb 27, 2022
As a driver you are responsible of any injuries which result from your negligence. That includes passengers, other people be they drivers, passengers in other vehicles or pedestrians/ property. Anyone can sue you and possibly also look to your employer if it can be argued that operation of the... Read more »
This person does not own the vehicle and it is impounded and does not have a ride from the Pct . The person also failed the Field Sobriety test and does show signs of intoxication
answered on Dec 1, 2021
Police will keep a person in custody until someone comes to get them or they are sober.
answered on Sep 26, 2021
Yes they could count, you would need to pay a NJ lawyer to review the statute to see how similar the statutes are to get the answer you need.
my son (20 years of age) was arrested for a DUI in Howell Township, NJ based on the visual and physical exams at roadside. He admitted to the officer that he had consumed alcohol several hours earlier in the day but was currently sober. He was cooperative, and was arrested, taken to the police... Read more »
answered on Sep 18, 2021
Yes it is prosecutable because he may have not been under the influence of alcohol, but instead under one or more types of drugs which made him unable to perform the sobriety tests. Note that although alcohol is legal and marijuana is legal it is not legal to drive with them in your system. Also... Read more »
answered on Jun 26, 2021
In all honesty you should not be concerned about the fines but a few of these violations have a mandatory loss of license and even the possibility of jail time. That's what you need to hire a lawyer for, to try to reduce or eliminate these penalties. Money you can always make more, and you... Read more »
included with DWI in NJ in July 2021there was also pos of a controlled substance and 3 other charges. The other DUI was in April 2021.
answered on May 10, 2021
That's up to you as long as your lawyer is licensed in both states you can have one lawyer as lawyers are licensed by state. The problem is you want the best lawyer for each case and that may not be a lawyer that is licensed in both states as your lawyer may have a high success rate in PA and... Read more »
answered on May 2, 2021
A pro bono lawyer is given by the court and he is called the public defender. You need to request one on your court date and if you qualify one will be appointed for you.
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... Read more »
answered on Apr 12, 2021
That is a motor vehicle violation so it would got on your motor vehicle abstract.
Can DRE testimony be used in a municipal or state court cases in the state of NJ?
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.
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?
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.
remain the same as a first time refusal?
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... Read more »
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??
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.
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... Read more »
answered on Oct 17, 2020
You should retain an an attorney to have the warrant lifted and resolve the case.
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