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New Jersey DUI / DWI Questions & Answers
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... 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... 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... Read more »

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is the NJ step down law still in effect for DUI? Public defender told my brother it no longer exists.

He's charged with DUI, has previous one from 20 years ago. Online research tells me it counts as 1st offense since it's been more than 10 years because of the step down law. His public defender said that's not true anymore. I read the 2016 revised statute and it's still in... Read more »

James A. Abate
James A. Abate answered on Mar 30, 2018

Step down would apply but does not help in this case. A second DWI makes him ineligible to hold a CDL for life. It does not matter if he was driving a personal vehicle. You need to fight this case as if his life depended on it, because he will never be able to drive a CDL ever again. Touch... Read more »

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Do you have to answer police questions if you're pulled over for DUI?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 22, 2018

Biographical questions, such as age, date of birth, where you live etc. yes, other questions in general no, but it depends on the question. However the less cooperative you are the more likely your going to get charged and in general the more charges you get.

1 Answer | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: Does my 21 year old son need a lawyer to represent him in Verona NJ for an open container ticket 39:4-51A.B.

The open container was not in his car. One of his passengers had it in her personal bag and the police searched everyone. Not clear why. He pulled my son over for "ice on his car" and searched everyone. He was not drinking as designated driver and did not know that his passenger had the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 9, 2018

Generally it will cost more money to hire a lawyer than it is worth because for a first offense the penalty is generally a fine of $200.00. For a second offense I do recommend it as, a person convicted of violating this section shall be fined $250.00 or shall be ordered by the court to perform... Read more »

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Am I in any trouble if one of my company's drivers get pulled over for a dui while on the job?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 9, 2018

In General you are responsible for the actions of your employees while they are in the course of employment of course we would need to know more information to tell you what the case would be in your situation. If needed I suggest you setup a consultation with a lawyer, it may cost a few bucks but... Read more »

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If you get a DUI in PA, what happens to your New Jersey license?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 23, 2018

When you get a DWI in another state and it gets reported to NJ, NJ will also suspend your license. As for how long for that you need to setup a consultation with a lawyer go over your specific facts and of course expect to pay a consultation fee.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Of a nurse her arrest with a controlled substance but not convicted does the New Jersey board of nursing find out
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 9, 2018

Yes the board is immediately notified upon her arrest and don't be surprised if she gets a letter from the board. If you are that nurse, I suggest you immediately hire a good criminal lawyer. Most of us offer a free in office consultation.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Will an underage DUI stay on your record or can you remove it?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 9, 2018

Unfortunately Motor Vehicle records stay on your abstract for life no matter your age at the time they are committed.

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