Get free answers to your DUI / DWI legal questions from lawyers in your area.
I had a sealed water bottle of about half of liquor. I was on line to attend to a frat party whe then cops stopped me when I was holding the bottle of water. He asked me if that was alcohol and I didn’t know what to say so I looked at my friend. Then the cop started to yell at me. I wasn’t... View More 
answered on Sep 22, 2017
If you put alcohol in the bottle it was no longer sealed it was an open container under the law. Because you have not given a violation number we cannot tell you the penalties you face and what can be done. That being said if it is a 2C charge you bugged problem is not the fine but possible jail... View More
by a police officer for an illegal reason?
answered on Sep 6, 2017
Depending on the reason that could be a possible defense. Speak to your lawyer about this and if you don't have a lawyer get one.
This happened in NJ. The doctor had newly prescribed a drug. It had an adverse effect while driving - impairing judgment. Can't recall how crash happened. Haven't had any serious traffic tickets in the recent past (several years).
In the complaint: Charged with driving recklessly... View More
answered on Sep 5, 2017
Questions:
Type of Lawyer needed? You need a criminal defense lawyer immediately.
Can the charges be dismissed? Yes if you have a defense but you have not presented one as your doctor is not required to tell you all the side effects of a medication. Your pharmacists' is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2017
Yes, all states do. Here is some info:
Implied Consent. ... New Jersey's “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of your... View More
court date?
answered on Jul 29, 2017
The answer to your question depends on several factors. 1) Are you represented by a lawyer if not you are pretty much guaranteed multiple appearances in any court 2) The court that you are in, 3) The skill of your lawyer, 4) Who wrote the ticket, if a state police ticket expect multiple... View More
answered on Jul 6, 2017
An additional charge you could get an under the influence criminal charge, but if you didn't get it with the DWI ticket the chances of this happening are low, but again we never know what a cop is going to do and when he/she is going to do it.
I was leaving a bar in NJ and had difficulty locating my car in a very large parking lot. A hostess helped me find it and then said she did not want me to drive because she thought I was drunk. I said I was find and left and she threatened to call the police. I drove home safely with no... View More
answered on Jun 19, 2017
Court typically would not permit non officer to sign DWI complaint. NJ Law says 39:4-50 Driving while intoxicated
39:4-50 . (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic,... View More
Was stupidly walking on the boardwalk with a beer can, did not have the beer can in my hand when they talked to me I had already threw it out, did not breathalize me or anything, but I can't have this on my record I'm going to school to be a restaurant manager, I need some help and just... View More
answered on Jun 15, 2017
Then answer depends on exactly on what you where charged with (eg statute number) the court your in and several other factors. This can be a criminal offense with up to 180 days in jail and you don't have to have the can in your hand when arrested. I suggest you setup a free in office... View More
trial?
answered on Jun 13, 2017
Generally speaking short of habitual drunkenness, death by auto or some other serious felony, a traffic offense (which DUI is in NJ), a DUI conviction would not be admissible to challenge your credibility as a witness.
20 years later, when I went to get a Virginia License, NJs say I have to get an assessment, go to a 16 hour class and go to counseling. I did this already but there are no records of it. They do show I paid approximately $10k. What can I do?
answered on May 19, 2017
Because you already had a driver's license (NJ), VA won't issue you a VA license until you clear up the NJ issues. I suggest you go on this website but select NJ and ask a NJ attorney what you need to do to get back into good standing with the NJ DMV.
answered on May 7, 2017
The penalties you will face in NJ depends on what your convicted of the class of license you hold and other things. I suggest you setup an in office consultation with a NJ DWI lawyer as the results in Virginia will determine what NJ will do. This isn't the type of advise that an attorney can... View More
answered on May 7, 2017
Depends on what your convicted of the class of license you hold and other things. I suggest you setup an in office consultation with a NJ DWI lawyer as the results in Virginia will determine what NJ will do. This isn't the type of advise that an attorney can accurately tell you over the... View More
Owner hit subjects vehicle and left the sene. Returning some minutes later. Owner lied and told Police that he was the one hit. He later offered the subject $250.00 for damaged, in front of officer. Subject was arrested and given a DWI. Subject never left the parking lot, Nor was subject... View More
answered on Apr 27, 2017
Yes the officer can. There was a presumption of his driving, and the officer may have had a suspicion of intoxication
answered on Apr 11, 2017
In NJ it is generally not a crime unless someone is badly injured and then it isn't the DWI that is criminal but for example the assault by auto charge etc. However, a DWI can have criminal type penalties such as jail, loss of license etc. So if you have a DWI get yourself a good DWI lawyer.... View More
I was convicted of a refusal and Nj idrc wants me to do a 16 week treatment requirment but I live in Puerto rico
answered on Mar 23, 2017
You can ask IRDC for a transfer to another state. Most states have an IRDC program. However I do not know whether IRDC is in Puerto Rico, so you may have to come back to NJ to complete the IRDC
answered on Mar 23, 2017
In general you will get a money back in the form of a check from the court.
answered on Mar 23, 2017
Yes you should get your money after your last required court appearance. However many judges end up giving you a fine for contempt and fess which ends up eating your warrant money so you may not get what you expect.
I want to take card of it now because I need my license for my job. If the cop is now retired is there any chance of my case being dismissed?
answered on Mar 23, 2017
There is quite assuredly a warrant for contempt of court. That needs to be addressed. If thee State has a problem proving charges a dismissal is possible. But the prosecutors office will be very hesitant to dismiss unless it has absolutely no choice.
I did not go to driving school. I moved abroad soon after the DUI, so I never recovered the license. I now live in NY. I understand I could apply for a license without issues if the DUI was over 10 years ago. Is that true?
answered on Mar 12, 2017
You posted in the NJ forum, but the answer is universal. You cannot obtain a license anywhere is you are suspended in CA. You must restore there first.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
