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New Jersey DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for New Jersey on
Q: Is it possible to get Post Conviction Relief?

I had my 3&4 DWI conviction in 2005 both heard and sentenced by Mount Olive Judge for dwi's in Roxbury and Watchung. It was SLAP and loss of my license for 2 consecutive 10 year suspensions, can I have that changed to concurrent now? I have been sober since my last dwi in 2005 paid all of... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 10, 2017

Anything is possible but its not very likely at all and you are past the time of PCR. Second you should not be posting your phone number or email address online.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Does the DMV check the national database for suspensions in other states if you're just registering a new vehicle, and?

I've lived in Indiana for 2 yrs and 5 months. Before that New Jersey. My plan was to move here anyway, but before I moved I got a refusal to submit to a breathalyzer and was set a court date. I acquired my Indiana license, and surrendered my NJ license because from my lawyer I was under the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2017

Your question is best asked to your lawyer as he will know what the judge ordered. A new lawyer would have to research the status of your case and charge you.

2 Answers | Asked in DUI / DWI and Immigration Law for New Jersey on
Q: Would I have an issue trying to come back to USA from abroad due to DUI in the past?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2017

Yes it is possibly a problem. A lawyer would need to know much more information and ask you some question, so I would suggest you setup an in person consultation.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Do police have to have a reason to pull you over and ask you to take a breathalyzer?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 20, 2017

Yes the police need probable cause to pull your car over. But some people don't realize some facts such as the police have license plate scanners so for example if you have a warrant or a suspended license or registration they could scan your plate know this and pull you over legally without... View More

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1 Answer | Asked in DUI / DWI and Employment Law for New Jersey on
Q: When did oath of allegiance for teacher cert in NJ require A criminal and offenses document be filled out for a DUI/DWI

I have been a teacher for the last 2 years in NJ and received my standard certification less than a year ago. I was also a paraprofessional for 5 years prior. I got my DUI just about 6 years ago and has never come up on these forms prior. I am wondering can they take away certifications already... View More

James A. Abate
James A. Abate
answered on Feb 2, 2017

This is a question specific to education employment and you should speak to an employment with an education lawyer. Brian Cige in Somerville is someone I recommend. A DWI is a traffic offense and is not criminal.

3 Answers | Asked in DUI / DWI for New Jersey on
Q: I was charged with a dui this week and i have a pending one from the summer - what am I looking at here?
James A. Abate
James A. Abate
answered on Jan 27, 2017

On the first you are looking at up to 12 months suspension. Not likely that you will go to jail for that one. Though I know nothing about that case.

For the second offense, jail is a real possibility as well as a mandatory 2 year suspension. If you are a CDL license holder you will loose...
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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Is it possible to set a dui reduced to a wet reckless in New Jersey?
Santo Artusa Jr.
Santo Artusa Jr.
answered on Jan 26, 2017

It has been done under very rare circumstances but I would not count on it. Speak with an attorney ASAP

2 Answers | Asked in DUI / DWI for New Jersey on
Q: What is the difference between a DUI and a DWI in New Jersey?
Joseph F. Morgano
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answered on Jan 6, 2017

NJ has DWI not DUI. It is derived from the statutory language. In NJ the statutory language is "driving while intoxicated". Other states have statues using "driving under the influence", thus it is called DUI in those states. The two terms, however, are used interchangeably.... View More

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: My 36 yr old Son received a DWI 2 yrs ago.

He was ordered 6 months loss of license and 8 weeks of school, he did 4 wks in one County n 4KS n in another country, now Trenton is saying he must do 8 consecutive weels in same country n must do 8 wksl all over again! Is this legal, wlat is the difference he completed all he was supposed... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 5, 2017

Unfortunately the best, easiest and cheapest way is to do what IRDC is requiring him to do. Of course if you prefer you could hire him a lawyer to try to appeal this, but it would be very expensive.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can the State overturn a verdict handed down by a Lower court of a 3rd DUI, and apply a harsher verdict?
James A. Abate
James A. Abate
answered on Dec 8, 2016

If you were not charged with anything but DWI then the State cannot change the charge. The one caveat is whether the statute of limitations has passed. Though it also depends on whether the new charge would amount to double jeopardy. Talk to your lawyer on the appeal.

4 Answers | Asked in DUI / DWI for New Jersey on
Q: I’m planning a fishing trip to Canada with my buddies and just learned a person in our party has a dwi.

He lives in a state where it was considered a moving violation - he paid all fines and never lost his license. Is it going to be a problem for him to go on the trip?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 22, 2016

More information is needed to answer the question, and I would suggest that he takes a consultation with a lawyer who knows both immigration and DWI law in the State where he got the DWI

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: I read that my health history can be a defense to a DUI charge if it affected my breathalyzer test - is that true?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 1, 2016

Yes most definitely your health history can effect the alcotest (breathzlyzer is no longer being used in NJ) Things such as a higher than normal temperature, diabetes, certain blood disorders, Hyperglycemia or Hypo etc. Your lawyer should review this information with you.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is it possible to have my New Jersey dui reduced to a wet reckless?

The prosecutor has agreed to throw out the breath test because of the amount of time between arrest and breathalyzing. But I need to remove the dui charge

James A. Abate
James A. Abate
answered on Oct 12, 2016

I assume that you are working with an attorney to get a suppression. You should be speaking with your attorney about this. I am sure he or she has explained that there are no plea bargains in a DWI case. Can the case be dismissed? It depends on whether there is. Legal reason. Without having... View More

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: I was charged with a DUI and had my son in the car. It's my first charge and I was wondering what to expect.
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 9, 2016

a area attorney wrote

NJSA 39:4-50.15 provides for additional criminal penalties for those individuals that are found guilty of a DWI when there is a minor (17 or younger) in the car. That's right, there are penalties for this specific offense in addition to the already severe...
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1 Answer | Asked in DUI / DWI and Car Accidents for New Jersey on
Q: I was changed with a DUI and had my son in the car at the time, was wondering what the penalty for this is?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 4, 2016

The penalties will depend on several factors one is if you were just charged with the DWI then you will get the penalties based on whether this is a first, second or third offense. Penalties can be enhanced if you were in a school zone. Penalties can also be enhanced on a 1st offense based on the... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for New Jersey on
Q: Reasonable suspicion for search...

When pulled over for a brake light out and the officer checks my license, when he sees a 5 year old arrest for possession, is that enough for him to use as reasonable suspicion? I've been harassed each time they run my licence and straight up being told my past means I am under constant... View More

Joseph F. Morgano
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answered on Jul 19, 2016

A faulty break light would be a reason for a valid stop. From that point on, if the officer detects the odor of drugs or alcohol; or there is contraband in plain sight; or your behavior is such that it appears that you may be under the influence; or other factors, the officer will investigate... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: If I get a drivers license from a different state but I still drive in New Jersey can I avoid the probationary period!??

I received a the dip and dpp letters finished dip and now waiting dpp class I am an active driver I drive to work and I own a automotive shop which requires many test drives I do not want to lose my license is there a way to get a license from different state to avoid the probationary period

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 6, 2016

A lawyer cannot legally tell you a way to avoid the penalties imposed by law. That being said any restrictions on your NJ drivers license would still be present, valid and enforceable, even if you have an out of state license when you drive in NJ.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: I received my 1st and only dui back in 2010 i was 20 at the time since i was under 21 isnt that considered underage dui

I was charged as an adult is that correct?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 21, 2016

More information is needed such as a review of your old discovery, unfortunately its not a simple yes or no answer as it depends on many factors including but not limited to your BAC level. I suggest a sit down consultation with an experienced DWI lawyer.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: When being tested during a DWI alchotest @ the Barracks

Is the officer allowed to put his fingers in your mouthand as well grasp and hold the tube around your mouth like a clamp in order to keep the seal + the tube had no mouth piece attached to it and the officer was standing over me in a dominant position, and when i attempted to move my hand upward... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 15, 2016

Definitely a violation of the rules on how to operate an Alcotest, that being said you will need an expert report and a good lawyer to win your DWI.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: continued.... is the officer allowed to place his fingers in the defendants mouth while administering the the BAC test

is the officer allowed to squeeze the defendants lips closed around the tube while giving the test. is this some kind of civil rights violation?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Mar 13, 2016

doubtful you will convince a judge a police officer touched defendant that way. A good defense lawyer if hired for a trial will demand below items in discovery

Regarding Alcotest machine _________

(1) Calibrating Unit, New Standard Solution Report, most recent change, and the...
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