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New Jersey DUI / DWI Questions & Answers
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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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).... View More

Stuart Nachbar
PREMIUM
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
PREMIUM
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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2 Answers | Asked in DUI / DWI for New Jersey on
Q: I had a 2nd dwi in NJ in 2007 before mandatory interlock law. I'm just now finishing my idrc will I have to get a it?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 30, 2017

In general If the judge did not order it you should not have to do it, I suggest you ask your lawyer that handled the case.

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2 Answers | Asked in DUI / DWI and Employment Law for New Jersey on
Q: I got a DUI in February. I am filling out a job application and employer is asking if I received any traffic violation.

Do I answer yes? I live in nj

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 27, 2017

In Bjorn a duo is a traffic violation.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: What is the punishment for drunk driving (first offense, clean driving record)?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 24, 2017

In general, assuming no accident/injuries your looking at up to 30 days in jail (rare but possible) up to 12 months loss of license depending on blood alcohol level, fines and 12 to 48 hours IRDC. Get yourself a good lawyer and you should be able to win or reduce these penalties.

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