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 »
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.
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 »
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 »
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.
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 »
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 »
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.
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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