Legal Question in Criminal Law in New Jersey

My friend got a 2nd dui. The police put it as a refusal to take the breathalyzer. He is diabetic has neuropathy in his feet and legs (which is why he failed the walking test). He had a panic attack and couldn't blow. They asked if he needed medical attention at the hospital. He has no insurance so he said no but asked for a little time to calm down. After 5 minutes they told him if he can't do it- it's a refusal. So he was charged with a dui.

After his license was suspended he was in the car with his dad who was visiting for the holidays. His dad was driving. Very quickly his father (also diabetic) sugar level went down and he realized he forgot to take his meds that morning. His dad pulled over and without thinking my friend got in the drivers seat and went to go back home to get his dads meds. Of course he was rushing- and was pulled over. The officer cited him for driving with a dui suspension. He was sent to county court and indicted as it's considered a 4th degree felony. His public defender has done nothing for his defense. He missed his arraignment date bc he was in the hospital after going into diabetic shock. While there the does found he also had walking pneumonia, and also detected a cardiac issue where finding after a stress test, he has 35% cardiac output, as well as they were not able to keep his sugar stable. He was supposed to have cardiac catheterization- however they discharged him and said he needed to do it as an outpatient procedure.

He's terrified, ill and does not have decent legal representation.

What are his options?

Asked on 7/16/17, 8:43 am

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

If he cannot afford to hire an attorney, I don't think he has many options. If he can find the money to hire a good attorney, then he has many options. I have a similar case tomorrow morning. 1-855-9-JEFLAW

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Answered on 7/16/17, 8:54 am

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