He was never read his rights, he was not given a field sobriety test, no breathalyzer, nor was he impaired at all. The paraphanalia and CDS charges were both dropped by superior court due to the good samaritan law. At the time he was living in his vehicle and was not driving. The attorney he hired... View More 
answered on Oct 6, 2023
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
Someone advised me that the NJ AG made it clear that “operate” means in forward motion. Which from my understanding would exclude parked vehicles and vehicles running but not in motion.
answered on Jul 25, 2023
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
Someone advised me that the NJ AG made it clear that “operate” means in forward motion. Which from my understanding would exclude parked vehicles and vehicles running but not in motion.
answered on Jul 25, 2023
Although this offense is referred to as "Driving While Intoxicated," the case law on the DWI statute's "operation" element is much broader than the common understanding of the word "driving." This charge is not categorically indefensible, but it is considerable... View More
Criminal Identity Theft
Defamation
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.
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
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.
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.
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... View 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
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.
.
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... View 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... View 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 …... View 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... View 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... View 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... View More
39: 4-50,4-97,4-97.2,4-96,4-56,4-67,4-130,4-129A,3-74,3-33
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... View 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... View More
No
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... View More
answered on Apr 12, 2021
That is a motor vehicle violation so it would got on your motor vehicle abstract.
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.
