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You may also go to jail. Additionally, a DWI conviction can affect you well into the future because a DWI in New Jersey can never be expunged. Finally, if convicted, you face thousands of dollars in surcharges. First and second offenders are surcharged $3,000, while third offenders are surcharged $4,500. These surcharges are separate from and ...
Feb 10, 2021 · With regard to a third time offender of a DUI or DWI, the guilty party is subject to having his or her driving privileges forfeited for eight (8) years, plus fines and assessments, a mandatory ignition interlock device for ten (10) to twelve (12) years, mandatory jail of one hundred and eighty (180) days (in which 90 days could be served in an i...
Jul 17, 2023 · - The Gorman Law Firm. Can You Go to Jail for a DUI in New Jersey? Posted by Scott Gorman - July 17, 2023. If you were recently arrested for driving under the influence (DUI) in New Jersey, you may be wondering if your DUI could land you in jail. The short answer is, “Yes.”
Jun 19, 2023 · Can You Get DUI Charges Dropped in New Jersey? Get Help From a New Jersey DUI Lawyer. Frequently Asked Questions (FAQs) Show more. It is important for every driver to understand New...
- Lack of Reasonable Suspicion Or Probable Cause
- Miranda Rights Violation
- Lack of Speedy Trial
- Challenging Breath Test Results
- Challenging Blood Or Urine Test Results
- Challenging Officer Observations
- Challenging Field Sobriety Tests
- Challenging Drug Recognition Expert Evidence
- Importance of A DUI Lawyer
- Benefits of Engaging An Expert
Before the police can stop you, they must have “reasonable suspicion” that you committed a crime or traffic violation. For DUI stops, the “reasonable suspicion” is often based on actual traffic violations, like drifting out of your lane or running red lights. But sometimes, they pull you over for behavior that wasn’t actually illegal. In these case...
You’ve probably heard Miranda rights in movies or on TV: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you ...
In New Jersey, the agency overseeing municipal courts has stated that DUI cases should be resolved in 60 days. Sometimes this is hard to accomplish given the amount of evidence involved. And pushing to resolve a case in 60 days also may not be in your best interests, since building a proper defense can take time. But if the prosecutors illegally de...
New Jersey currently uses the Draeger Alcotest® breath analyzing system to measure blood alcohol content level. The machine is complex, and not always accurate. It’s possible to challenge your breath test results for a variety of reasons. If you can get the court to throw out your breath test results for a first-time DUI charge, you’ll face the sam...
While you are required to take a breath test, you are notrequired by law to give a blood or urine sample. So if you refuse, you can’t be charged with Refusal to Submit to a Chemical Test. If the police want a blood or urine sample, they’ll need to get a warrant to do so. If the officer misled you about your right to decline a blood or urine test, o...
In some cases, an officer’s observations of you and your behavior may be enough to support a DUI conviction. This includes observations such as: 1. traffic violations, 2. slurred speech, 3. lack of coordination, 4. smell of alcohol, and 5. other indicators, as discussed in Chapter 3: Types of Evidence in a DUI Case — Officer Observations. Many peop...
Field sobriety testsare not very reliable evidence of intoxication. Even a completely sober person could fail a test. For example, the one-leg stand test can be particularly troublesome for people with back, leg, or middle ear problems, or people who are more than 50 pounds overweight. And police officers often use the tests as a way to confirmwhat...
There is some debate over whether DRE evidence is generally accepted in the scientific community and should be admissible as evidence in a New Jersey DUI case. The New Jersey Supreme Court is still considering this question as part of the case New Jersey v. Michael Olenowski. Currently, if you’re facing a DUI charge, it’s possible to argue against ...
There are a lot of ways to build a defense in a DUI case. But New Jersey’s DUI laws are complicated, and it’s not easy to successfully represent yourself. Given the severe consequences of a DUI conviction, it’s best to hire a DUI attorney to represent you. An experienced and skilled attorney will be able to evaluate all the facts of your case and d...
Your DUI attorney may recommend the services of an independent DUI expert. This individual may be a former police officer, data scientist, or even an attorney who specializes in analyzing DUI cases and building defenses. An expert may: 1. review the discovery (including, but not limited to, the police report, the field sobriety report, police video...
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Mar 26, 2024 · If you have been arrested and charged with a first-offense DUI in New Jersey and register a BAC of at least 0.08% but less than 0.10%, you face: Up to 30 days in the county jail. Loss of your driving privileges for 3 months. $250 to $400 in fines. A $1,000 insurance surcharge for 3 years. Other fees and surcharges in excess of $525.
Jan 6, 2020 · Is jail time mandatory for a first DUI conviction in NJ? Although jail time is common for first-offense DUIs in NJ, it is not mandatory. An attorney can argue for a lenient sentence that includes jail alternatives (e.g. community service and/or IDRC) based on the circumstances of the case and the driver’s history.
