Legal Question in DUI Law in New Jersey

dui

when i was checked for my dui my level was .5 below the limit the cop more thought i was on drug wasnt asked to submit urine or anything else. I am also near sided didnt have my glasses also. I did find it odd that as much as i told them i wasnt on drugs thats why they felt i was more on drugs than from what should i do period. Get a drug test done plead not guitly till get my lawyer would they take my license than


Asked on 6/15/09, 1:55 am

4 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: dui

N.J.S.A. 39:4-50 DUI

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, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject: (1) For the first offense: (i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section. A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L. 1966, c.73 (C. 39: 5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.

To read entire article

http://www.njlaws.com/dui.htm

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Answered on 6/22/09, 4:57 pm
david bildner bildner law firm

Re: dui

I am assuming you mean 0.05%. Someone with an alcohol level of 0.5% would be blasted and in danger of dying from alcohol poisoning. DUI or DWI, it still has serious penalties. Get a lawyer. If you want to discuss it with me, call 877/688/3879

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Answered on 6/18/09, 4:58 pm
Gary Moore Gary Moore Attorney At Law

Re: dui

You hire an attorney. You should be able to save your license.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/15/09, 8:10 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: dui

I don't fully understand your statement/question. If you already have a lawyer, then you need to ask him these questions. If you don't have a lawyer then I will talk to you. If you are saying that your blood alcohol level was below the legal intoxication level, and no urine or blood test was done, then you have a good chance of winning your case. If you win, then you don't lose your license at all. If you lose, your license can be taken away for as long as one year for a first conviction for a DUI. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 6/15/09, 3:28 pm


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