Legal Question in DUI Law in New Jersey

1st or 2nd offense

I was pulled over last week and was issued a ticket for a DUI. I had a DUI in March of 1995 but I had assumed it would not count since it was expunged from my criminal record . A friend just informed me that nj unlike PA has a 10 yr rule not a 7 yr rule and that expunged from criminal record does not mean removed from driving record.. My license at the time of the first offense was in PA my license now is in NJ. I guess what I need to know is will this be a 1st or 2nd offence and do I need to get an attorney? Will the police in Nj even know about the first offence. My father thinks the laws are pretty straight forward and attorney would not make a diffrence with the outcome. I am very afraid of what is going to happen to me.


Asked on 2/01/05, 8:49 pm

5 Answers from Attorneys

Raymond Weicker Qua, Hall, Harvey & Walsh

Re: 1st or 2nd offense

If you are facing either a 1st or 2nd offense for DUI, it is worth retaining the services of an Attorney. Depending on the circumstances of the stop, the sobriety tests, and the blood alcohol level, an Attorney may be able to assist in lowering the charges against you, or winning the case. Peopel who trust the prosecutor to "be just and fair" are not aware of the political pressures they are placed under to "get tough" and help people "get re-elected." I know that sounds ugly, but it is a sad reality.

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Answered on 2/01/05, 9:20 pm
Scott Diamond DIAMONDLAWYER

Re: 1st or 2nd offense

you definetly should hire an attny. It is possiblet o attact the blood readings and the stop. In addition, there is an interesting issue regarding the expungement which must be researched. Dont just plead. You are facing stiff fines and pucnishment

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Answered on 2/01/05, 9:54 pm
Gary Moore Gary Moore Attorney At Law

Re: 1st or 2nd offense

The United States Constitution requires the various states to give full faith and credit to the judgments of other states. New Jersey is constitutionally compelled to give full faith and credit to the Pennsylvania judgment expunging the record of your dwi seven years ago

Call me to discuss your case.

Gary Moore, Esquire

Hackensack,New Jersey

800 173 7933

www.dwitrials.com

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Answered on 2/02/05, 12:01 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: 1st or 2nd offense

First of all, you need the advice of a New Jersey attorney, not a Pennsylvania or Massachusettes attorney. Second, your driving record, from the time you were licensed, will be reviewed by the Judge and Prosecutor before sentencing. Third, there must be a gap of 10 years or more between your 1st and 2nd in order for you to be sentenced as a 1st offender on a 2nd offense. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a NEW JERSEY attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 2/02/05, 7:26 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: 1st or 2nd offense

New Jersey does not have any law expunging traffic ticket entries - they stay on your driving abstract forever. I would have to look at your driving abstract before I could tell you for sure whether this would be treated as a first or as second DUI- any convictions you had out of state would appear on your New Jersey Driving abstract, so I would have to review it to see if in fact there was an expungement of your 1995 DUI conviction in Pennsylvania. It may not have been an actual expungement - it may be something like we have in New Jersey where for sentencing purposes only if you have a ten year gap between your first and second DUI conviction then the penalites for your second conviction would be the same as if you had a first conviction. As to whether or not you need a lawyer, lawyers who handle DUI cases on a regular basis know how to properly interpret the evidence in a case to see if there is any way to fight it. Although your dad is right in saying that most people who are charged with DUI end up being found guilty of DUI, there is always a chance that you will be one of those who can beat the charge against you. I am an attorney who has handled many cases similar to yours in the past in various courts throughout New Jersey. I would like ot discuss your case in more detail. Please call me at 908-272-0111 to see what I may be able to do to help you. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

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Answered on 2/02/05, 8:52 am


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