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New Jersey DUI / DWI Questions & Answers
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 there. Are there newer... 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 container... 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.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Is it possible not to get an interlock device if it's your first offense?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 26, 2018

Yes and it is mandated if your reading is .15 or over. I suggest if charged with a DWI you get yourself a good lawyer, these cases can be won if your luck and have some good facts or a technical defenses on your side.

2 Answers | Asked in DUI / DWI and Family Law for New Jersey on
Q: What rights do I have in NJ as residentialparent when ex husband received a DUI, 2nd offense in four years?

My ex husband was arrested for a DUI yesterday. It involved a minor motor vehicle accident and he had his son in the car. We have one daughter together from when we were married, age 8. She was not with him at the time. He has numerous charges for which he has court dates related to this DUI... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 12, 2018

You have no rights unless you assert them by hiring a good family lawyer and try to get your divorce decree changed.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: My license is from New Jersey but I got a dui over the weekend in PA - what should I do?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 5, 2018

You should immediately hire a good PA DUI lawyer several exist just search around or ask someone.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Are the penalties worse if you get a DUI with kids in the car?
James A. Abate
James A. Abate answered on Dec 20, 2017

§ 2C:24-4. Endangering the Welfare of a Child

Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make...
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1 Answer | Asked in DUI / DWI and Immigration Law for New Jersey on
Q: If I have a DUI in NJ, can I travel into Canada without issue, since it is a traffic offense and not criminal?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 5, 2017

The answer is it is up to the Canadian Border Official unfortunately DUI's are causing more and more problems with entry to certain countries including the US. See my past answer to your question on how to get increase your chances of getting in.

3 Answers | Asked in DUI / DWI for New Jersey on
Q: If I have a DUI in NJ, can I enter Canada without issue since it is a traffic offense and not criminal?

And this is the case even though it’s not a criminal offense and wouldn’t show on a criminal background check?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 5, 2017

Actually this is a common question and the answer is you will probably have to get a TRP from Canada or file for rehabilitation. Unfortunately it is up the guard at the Canadian border but lately I have had many clients tell me they need to do what I mentioned above. More and more countries... Read more »

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: So first time DUIs get an interlock device?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 1, 2017

In General Over .15 BAC Mandatory, under .15 BAC in the discretion of the judge. DUI's based on Drug charges also can get interlock. Get a good lawyer and you may have a chance of avoiding it.

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1 Answer | Asked in DUI / DWI, Criminal Law and Traffic Tickets for New Jersey on
Q: What would be the penality for being on a deferred sentence and getting a DUI?

My boyfriend had to plea guilty for a break in that he wasn't a part of. His friend placed blame on him, and his lawyer said the best bet was to plead guilty and get a deferred sentence. The sentence is almost over in a couple of months, however he got pulled over for a broken headlight after he... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2017

You need to ask his Oklahoma lawyer as he will know the penalties for his violation if any that a DWI will cause because with a refusal you have to assume the worst and that he will lose.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for New Jersey on
Q: Can you please explain and give a general opinion on what I should do.

Hello, my husband was recently arrested and is now facing 4 charges. I was wondering if you could give me a general idea on the situation that way i can have somewhat of an understanding so i dont address this blindsighted and am able to go about the situation the correct way. The charges are1).... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 8, 2017

Here we go:

2c:29-1A. : Obstructing Administration of Law. Either 4th degree crime or disorderly persons

2c:36-2. Possession with Intent to Use (Disorderly persons)

2c:35-10a (1) and 4). Possession of a Schedule 1-4 drug and a possession of 50 grams of Marijuana (3rd...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: I have a suspended license from a dui. Fines are paid and suspension is fulfilled just havent gotten Ls back

Got pulled over for registration out of date 1month. Cop didnt tow the car but didnt give ticket for non registration. He only gave ticket for driving on the suspended list. Is that legal? Why did he pull me over than? Im not known in town and the car is in my girlfriends name. So why the pull over... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 3, 2017

Maybe you can win but much more information is needed. The cops do need in general reason to pull you over.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: I was filmed while getting a DUI - how do I make sure it is never released publicly?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 1, 2017

In general you can't make sure it is never released as everything the police film is a public record that anyone is entitled to view.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Can you get a DUI for driving after taking medication a doctor wrote a prescription for?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 18, 2017

Yes you can still get a DUI for prescription meds but depending on the drug and your medical condition you may have a defense. Get a good lawyer.

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4 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Traffic Tickets for New Jersey on
Q: is a seat belt ticket a moving violation? it was a $50 dollar fine, no points. It did not endanger a child.
Stuart Nachbar
Stuart Nachbar answered on Oct 5, 2017

If it was a moving violation, you would have received points from MVC on your license. That does not mean that the car insurance company can't and won't hit you with a surcharge.

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