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New Jersey DUI / DWI Questions & 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.

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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.

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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 the... Read more »

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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.

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: I was pulled over for a dui. When taking samples there was no clear recording. Can this be used against me?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 2, 2018

Generally it will not help you as some police departments don't even have a video in the station and some don't even have in car videos. I suggest you speak with an experienced DWI Lawyer to see what if any better defense you have in your case. Most of us DWI lawyers offer a free in office... Read more »

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: How long does a DUI stay on your record?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 1, 2018

A DWI stays on your MVC record for you life. That being said if you go 10 years without another DWI conviction your next DWI will be considered the same as your last DWI in the offense number.

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2 Answers | Asked in Criminal Law and DUI / DWI for New Jersey on
Q: Underage possession and consumption. Never possessed alcohol and never got a breathalyzer. What should I do?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 30, 2018

You should hire a lawyer as this is generally a criminal offense and a conviction can follow you for the rest of your life.

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2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: I was On the beach and was written up for pass consumption without being Breathalyzed ? Is it worth fighting ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 29, 2018

Depends on the exact violation you were charged with.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: Open container.

Husband got open container/empty with two 6 packs in a commercial vehicle. He received two tickets which had been paid. Is that it? It was in PA and lived in NJ. Anything else to happen? I guess it is not a DUI.

Leon Matchin
Leon Matchin answered on May 21, 2018

His employer motor vehicle and/or insurance may get wind of this.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is rehab mandatory if you get a DUI?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 18, 2018

Only if you get convicted and irdc mandates it for you as part of the treatment plan. Best bet is to get yourself a good lawyer and then you will have the best chance of eliminating this possibility.

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: Do you have to go to trial to contest a DUI?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 4, 2018

NOT all the time if you can convince the prosecutor they do not have a good case, but you will never be able to do this without a good lawyer. Just so you know most DWI's are lost even with lawyers.

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: Arrested for DUI

I was at a bar for a couple of hours, enough to get drunk. My car was double parked and when I get out I went to my car to stay warm while I waited for my girl to pick me up, meanwhile someone had called the cops saying I was driving drunk , but when the cops came I was sleeping .. they gave me DUI... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 3, 2018

If your car was on, it is considered driving for a DWI so no defense exists for that. However another defense may exist for the machine and the physical tests you were given. If you are unsure of your lawyer you can ask another lawyer for a second opinion, to review your discovery. But a lawyer... Read more »

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is there a statue if limitations on municipal Court rules

Probable cause speeding judge ruled speeding thrown out but continue case on community Care taking cop did not pull me over until another town

Leon Matchin
Leon Matchin answered on Apr 21, 2018

Police have 30 days to mail you the charges for a speeding ticket and if they take longer then the case will get dismissed based on statute limitations grounds. If cop pulled you over in another town then you can make motion to transfer the case to the other town.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Are you required to go to rehab for a first time DUI?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 20, 2018

Yes, if IRDC or the judge orders it. It generally depends on how high your BAC level is. Remember the judge could have given you up to 30 days in jail so he and IRDC can do anything in the alternative to jail area.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: What are my option to lessen my charge of a dui?

I was arrested for a DUI for driving under the influence of Adderall and prescription medicine I am prescribed. It is my first offense ever, and I am a med student. I was slurring my words slightly which is why they arrested me. However when at the police station a brethalyzer was perfromed and i... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 19, 2018

Your best option is to hire a skilled DUI/DWI lawyer to examine the police records, just like if you wanted to have the best chance of beating your cancer you go to an oncologist or surgeon. But just like doctors, you don't want just anyone, you want the best as it gives you the best chance of... Read more »

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2 Answers | Asked in DUI / DWI and Federal Crimes for New Jersey on
Q: My boyfriend he was charged 2C:29-2B. And 3 towns for DWi how long he can go to jail

He destroy he car. And private property

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 2, 2018

Depends on exactly the degree he is charged with, but for 3 DWI's assuming he had no priors and was convicted on each then he is looking at up to 300 days in jail and for the criminal charge anywhere up to 10 years, although generally I see this charged lower so the maximum may only be 5 years.... Read more »

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