Legal Question in Disability Law in New Jersey

i had an attorney but because the cop was uncoorperative we did nto chance the trial and settled for 7months suspensions. I really did not want to do that but i didnt want to gamble wither and loose my lisence for more than 7 months. Although i did not refuse the breathe test and i actually took it 3 times and no reading was available. and because my lawyer said it was my word vs the cops and the judge would normanlly go with the cop i had to take the plea. is there anything ti can do to appeal this and actually be heard or should i juyst let it go because it can get worse? and how to do i file a complaint on this officer and the department. it is truly an unjust ruling and it is not fare that someone has to fear the police

Asked on 9/08/10, 6:51 am

1 Answer from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

At this stage, you could file a motion seeking to vacate your plea, which may or may not be granted. if it was,then your only choice is to go to trial. I would imagine that this is your first DWI and that you were charged with refusal as well. You received the minimum suspension. How long ago did you enter your plea of guilty? You have twenty days to appeal your sentence, and I do not know if you have an issue to Appeal, I would need more information. You could also speak to the lawyer you used or speak to another one. I would need to see the discovery to assess if you followed the best route. obviously going to trial is a risk and the suspension could have been longer (along with other penalties). again it depends how long ago your case was heard to determine, if you can attempt to do anything (again, discuss it with someone to help you decide). as far as filing a Complaint against the officer, you could go directly to the Court. whether you have grounds to file a Complaint is probably questionable, I will leave that determination completely up to you. being charged with DWI is clearly emotionally draining and can be a very embarrassing and dehumanizing experience. Your attorney probably did the best he could, it is not going to ease the negative feelings you have about the experience. If you have any questions please feel free to call, (201)-894-9498 otherwise good luck

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Answered on 9/13/10, 8:33 am

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