Legal Question in DUI Law in New Jersey

virginia provisional license with nj dui conviction

I was convicted of a fourth and fifth dui conviction in new jersey,coinciding with some unfortunate personal events in my life at the time. I was sentenced to a 1 year jail sentence, a twenty year loss of license due,I believe, to the fact that the final offense occurred inside a school zone. This was in addition to various other penalties. There was no accident involved, no extenuating circumstances, aside from the number,and,as stated,location of the offfenses. Upon release from the correctional institution, I attended a salvation army rehabilitation program. Almost five years later,I now have a new life, a wife with children, and a new way of living in the state of Virginia. When we moved here, one of the options we had hoped to take advantage of was a provisional license, possibly with a breathalizer device installed in a vehicle. The Virginia equivelent of the IDRC informed me that I wasn't eligible, until I cleared things up in NJ. Recently, someone in NJ told me that they may have changed a law, providing for a conditional license of some sort. I know, even if this were true, it would be an outside chance for me,at best. Do I have any chance? it is an extreme hardship for me, as I live in a rural area. Thank you in advance.


Asked on 3/15/05, 4:09 am

2 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: virginia provisional license with nj dui conviction

There are no provisional licenses in New Jersey. You lost your license for 20 years and went to jail for one year because on a third or greater conviction for DWI the penalties are six months in jail and a ten year loss of license. Since you had two convictions you had double the penalties. The only recent change in the DWI law was to make the legal intoxication limit even lower, from .10% to .08% BAC. I'm sorry I can't help you. Even if you tried to get a NJ license you couldn't because you have to be a current resident of NJ to get an NJ license.

Good luck. Sincerely, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 3/15/05, 11:54 am
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: virginia provisional license with nj dui conviction

Virginia is part of an interstate compact regarding the issuance of driver's licenses, and I believe that as a result they can not issue you a VA license so long as you remain suspended in NJ. However, you may wish to inquire directly with the Virginia DMV for a more definative answer.

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Answered on 3/15/05, 12:54 pm


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