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New Jersey DUI / DWI Questions & Answers
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
H. Scott Aalsberg
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I doubt anyone here would remember or even have the outdated books to tell you.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
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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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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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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
H. Scott Aalsberg
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.

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

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

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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... View More

Leon Matchin
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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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View More

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