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New Jersey DUI / DWI Questions & Answers
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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2 Answers | Asked in DUI / DWI for New Jersey on
Q: If I get pulled over for drunk driving, can I refuse to speak with the cop until I have a lawyer?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 9, 2018

Some things you must tell the cops such as biographical information what you had to drink and where however you do not have to tell the police.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is there a penalty if you're driving while on pain medication that was prescribed to you?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 31, 2018

The penalty for driving under the influence of prescribed medication is the same penalty as it is for driving under the influence of alcohol except that the minimum loss of license is for 7 months not 3. Thus for a first offense the basic penalties start at 7-12 months loss of license, up to 30... Read more »

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: For a first offense with blowing double the limit, is that an automatic loss of licence?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 29, 2018

Even if you blew the limit if you are convicted it is an automatic loss of license if you lose your case. In NJ you don't lose your license until and if you are convicted so hire a good lawyer and maybe you can beat the conviction, however with being double over the limit its not just the machine... Read more »

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: If I damaged store property while driving drunk, can I get my insurance to cover the costs?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 19, 2018

You would need to read your insurance policy to see exactly what is and what is not covered every policy is different although some common rules are present which generally prevent purposeful acts or acts against the law.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Can you go to jail for getting a first-time offender DUI?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 6, 2018

Yes it is possible for a first-time offender to go to jail however generally you need some exceptional circumstances such as a high reading or accident. The best way to assure that you will avoid jail is by hiring the best lawyer you can afford.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Can you get a DUI for inhaling dust off inhalant in a parked car not running but while sitting in the driver's seat?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 5, 2018

You can get a DWI but the question is can they prove intent to operate the vehicle.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Does New Jersey offer any temporary or work license programs for those convicted of a DWI offense?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 19, 2018

Unfortunately the answer is no, that's why you need to hire the best lawyer to give yourself the best chance of winning the DWI charge or at least reducing the suspension time.

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