Lawyers, Answer Questions  & Get Points Log In
New Jersey DUI / DWI Questions & Answers
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.

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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... Read more »

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

2 Answers | Asked in DUI / DWI for New Jersey on
Q: If I don't want to do a field sobriety test, am I legally allowed to refuse?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 7, 2018

Yes but you will be considered uncooperative and if you refuse to take the alcotest you will get a refusal charge. Thus its generally never smart to refuse.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: I was drinking at a friend's party and was too drunk to drive home so I got into my car (parked outside his house) and

fell asleep. A cop later tapped on my windshield, probably smelled alcohol on my breath, and arrested me for DUI. I wasn't driving though. Can they do this?

Leon Matchin
Leon Matchin answered on Aug 22, 2018

You have a defense but it's difficult and depends on many other factors such as weather, time, engine on and hot etc... Even if not driving they can prove intent to operate based on the facts but generally this is a good defense so you should definitely hire an attorney in this field who knows... Read more »

2 Answers | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: Would this check return a recent DWI arrest in NY that was pled down to a DWAI violation?

Referencing statute 15A:3A-1.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 8, 2018

Almost any check can find any public record and sometimes even indexed on google for everyone to see.

View More Answers

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for New Jersey on
Q: What are my options. I was overpaid General Assistance?

And when the agency I worked for did not notify Social Services in a timely fashion in July of 2012, I now owe another $140.Then I received General Assistance while I was on unemployment. I called and called to talk to someone but back in 2012 those lines were so busy I never got through. Am I to... Read more »

Leon Matchin
Leon Matchin answered on Aug 7, 2018

I would consider bankruptcy.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Am I liable if I’m in a car accident and the driver was intoxicated and I didn’t stop them from driving?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 6, 2018

Yes you are certainly liable for allowing a driver to drive while intoxicated your car.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: What if you got a DUI after being pulled over in bad weather? If you were driving erratically due to a storm is that a

defense?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 27, 2018

It could explain your bad driving, but it does not get you around the reason for the stop or whether you were in fact intoxicated. I suggest you speak with a lawyer and let him assess the whole situation as a DWI is not just one fact but a series of many. Most of us DWI lawyers offer a free in... Read more »

2 Answers | Asked in DUI / DWI for New Jersey on
Q: What is the total cost of a first time DUI conviction?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 13, 2018

For that your best source is the NJ MVC website as they outline all the costs. In generally it is around 15K when you add in everything.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can you sue the casino if they know you drunk and keep servicing you alcohol
Leon Matchin
Leon Matchin answered on Jun 26, 2018

You're talking about drum shop liability. You can research an attorney who specializes in that type of litigation, there are many of them.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Need help with a refusal question

I had 2 dwi and just got another 1 so since it happened all in 10 years it will be considered my 3rd.. But in court since the prosecutor wants to cut a deal since i refused a breathlyzer they want to dismiss the dwi n keep the refusal but since i had one before there saying 2 year suspension for... Read more »

Leon Matchin
Leon Matchin answered on Jun 26, 2018

First you say it happened in 10 years and then you say 11 so you're probably counting from conviction date but you need to count from violations dates. Unless you have a terrific defense take the refusal and avoid the six months jail but they'll suspend your license. If you drive during... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: I parked in a community center parking lot last night and fell asleep I was givin a sobriety test which was 2.0
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 24, 2018

Driving under the DWI statutes in New Jersey and Compass is more than just moving your vehicle and includes the ability to move your vehicle. I suggest that you immediately hire a good lawyer because you may have a defense in the operation part of the statute but remember is very Loosely... Read more »

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Are drivers convicted of DUI also convicted of child abuse if a minor was in the car?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 13, 2018

Well it's not exactly child abuse but could be charged as endangering the welfare of a minor and other offenses.

View More Answers

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.