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His fingers in your mouth during testing ? And finaly is the officer allowed to place his hand/fingers around your lips to make a seal around the tube that had no mouth piece to begin with in order to complete the testing?
Thanks
answered on Mar 7, 2016
No the officer needs to use a mouthpiece, I suggest that you contact an experienced DWI and Criminal Lawyer. Even if the officer does something wrong that does not mean that you still can't get a conviction for a DWI. Your only defense is getting the best DWI lawyer that you can find.
Got dwi in N.C. 12 ,year ago blew.18.went threw assement clases wat do I have to do to get a n.j. license?
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answered on Mar 6, 2016
There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite your statement in the form of a meaningful question for someone to be able to provide useful ideas. Good luck.
First time offense BAC was .20
answered on Feb 21, 2016
Yes you can leave the State if it is in the form of a Ticket. If your DUI included a criminal charge you may be restricted. Best to bring your ticket or criminal complaint with you to a DWI lawyer and that lawyer can advise you specifically as to what you can do. If your looking for a DWI lawyer... View More 
What NJ penalties will I receive? Please be specific and indicate if mandatory.
answered on Jan 31, 2016
If you plead to an out of state dwi you will receive dl suspension in nj, but not jail in NJ
answered on Jan 31, 2016
to "Remove" a dwi someone would have to have an attorney file a motion in the court the vacate the guilty plea or for other post conviction relief
The Five Year Post Conviction Limit can be Relaxed in DWI. State v. Bringhurst 401 NJ Super. 421 (App. Div. 2008)
The court... View More
I had 3 DUIs in Mn and lost my license for 3 years. That happened on March 5 2012 and I am trying to get a license now in IN and they are telling me that MN has my license suspended. I am flying to Ca to visit my daughter but don't have a drivers license or valid ID and am afraid I wont be... View More
answered on Jan 24, 2016
can't legally get a dl in another state if suspended in nj
answered on Jan 24, 2016
this is not a clear question. 10 Tips on Defending the DWI blood & urine case
By Kenneth Vercammen, Co-chair, ABA Criminal Law Committee Solo Division
1. Make a detailed request for blood records discovery, not sending a short lazy letter “Please provide discovery…” The... View More
answered on Nov 26, 2015
no, only NJ licensed attorney can represent some one in court
answered on Nov 14, 2015
No Specific Time Limits exists but your attorney can make a motion if the time limit is not reasonable for a speedy trial or a motion to dismiss. Get yourself a good lawyer as this is a tricky area of law and one that requires a lot of experience to get the best result. Good Luck
I got in accident when sober, I was upset so i went home had a couple of drinks and came back. I got into my previously wrecked car and fell to sleep only to be awaken by cops knocking on my window three hours later. They tooke to the hospital, and the cop got a blood sample from my arm. He read... View More
answered on Oct 12, 2015
You need to get yourself the Best DWI Lawyer you can find. It sounds like you have a defense to at least the DWI if you can get a judge or jury to believe it, but based on your facts you probably also got a Leaving the Scene of An Accident Charge which compounds and makes your case much - much... View More
Yesterday I was pulled over by a cop in roselle nj. Taken to 2 police stations to do breath test. I live in England im just visiting here so I only have english driver license. Breath test showed 0.14 or 0.16 I believe. It is my first time ever I was stopped by a police officer here. What should I... View More
answered on Oct 1, 2015
DWI Fines and Penalties in NJ Updated by Kenneth Vercammen Esq. Edison, NJ www.njlaws.com
A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the... View More
answered on Sep 26, 2015
A driver in parked car can still be arrested for dwi. Potential defenses: We rely on State v. Joshua K. Putz, unpublished opinion, App. Div. Docket No. A-1004-08T4 (May 26, 2009) – DWI conviction reversed. The arresting officer observed and approached defendant's truck, in which he was... View More
the prosecutor is a friend of mine and says he cannot help due to the way the laws are written. you know the judge has any discretion except to follow basically a flowchart. no question is public defender is 91 years old makes a lot of mistakes. should I hire him and I hope he screws up enough for... View More
answered on Sep 26, 2015
hire an attorney to file motions:
Pretrial Motions
1. Suppress Evidence
2. Miranda/Privilege
3. Notice of Objection
4. Exclude Breath Tests.
5. Discovery
6. Reciprocal Discovery
7. Speedy Trial
8. Jury Trial
9.... View More
I'm going to get my license back and don't know what they can do with this.
answered on Sep 26, 2015
Typically if there is a failure to appear for a dwi or serious traffic matter the DL stays suspended until case is concluded. Hire attorney to file motions
Pretrial Motions
1. Suppress Evidence
2. Miranda/Privilege
3. Notice of Objection
4. Exclude... View More
I have heard of the 10 year rule but am unsure as to how it will affect my case. I will speak to my attorney tomorrow but I am looking for some clarification now
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answered on Sep 8, 2015
You need to address the question to your current attorney. New Jersey has a ten-year “step down” rule, which means that if 10 years have elapsed between a first conviction and a second DWI charge, then the Court should show some leniency. But they do not have to. Good luck.
To me it sounds weird that it was broken at the time.. I had to take the test like 6 times. Things just dont feel right to me. please help. Thanks
answered on Aug 22, 2015
Yes this is a common practice for police departments. The fact that you had to take it six times has no meaning and could have been that you did not blow enough air into the machine to get an accurate reading the 4 other times as they need 2 readings within .10 of each other. Good Luck
But he is giving me the worst case scenario of 10 years and jail time! What's the use of an attorney if this is what I would get?
answered on Aug 22, 2015
If your DWI is over 10 years old you are generally entitled to a step down to a lower offense but a lawyer would have to review your record to verify this. Good Luck
answered on Aug 20, 2014
The simple answer to this urban legend is No. The New Jersey DWI statute 39:4-50 specifically requires that you operate a "motor vehicle". Therefore as long as the bicycle is not motorized you cannot be guilty of a DWI. However, you may still be ticketed for other summonses if you are... View More
answered on Mar 11, 2014
You will have to get your NJ restored before you can apply for a license in another jurisdiction.
answered on Oct 29, 2013
If you serve alcohol At a party and fail to properly supervise! you could face civil and criminal liability someone is hurt as a result. The only way to avoid the possibility is not to serve alcohol. Otherwise, behave reasonably and do not serve alcohol to anyone that appears intoxicated. If... View More
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