Legal Question in DUI Law in New Jersey

dui tickets

My husband was arrested for dui. He was given 3 tickets, 1 for driving while intoxicated, open container in car, and refusing to take a breath test. While its true he was drinking, but he is also on two kinds of medicine (paxil and buspar for severe depression. I believe this probally intensified the situation, and possible inpared his thinking. What kind of defense do we have in fighting back. thank you


Asked on 12/16/02, 2:33 pm

4 Answers from Attorneys

Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: dui tickets

Based on the facts you've entered, you will need to carefully review whether or not spending lots of money on an expert to explain the effects of the medicine is worth it. For example, you'll want to consider whether or not it is your husband's first offense, the circumstances of the stop, the likely outcome, etc.

If these charges are in the Trenton area or South, I offer free consultations and would be happy to discuss the matter with you and your husband. Feel free to contact me at your convenience.

Daniel B. Kelley

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Answered on 12/17/02, 9:09 am
Lawrence Simon Law Offices of Lawrence M. Simon

Re: dui tickets

Since he refused the test, it is difficult to prove what effect the medicine had on him. There is no BAC reading. I suggest you hire an attorney immediately and have the attorney obtain andreview the discovery. At that point, a decision can be made on hiring a medical expert.

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Answered on 12/16/02, 3:07 pm
Gary Moore Gary Moore Attorney At Law

Re: dui tickets

I need more information about your husband and how he came to be stopped by the police office. He should call me at 8002737933 to provide additional information and do it as soon as possible because dwi cases must be disposed of within 60 days of the arrest for same.

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Answered on 12/16/02, 3:40 pm
Evan Levow Lutz, Levow & Costello, P.A.

Re: dui tickets

Please call me to discuss this situation.

Generally, a refusal is a refusal is a refusal. But, there are defenses to this, and the fact that he was on this medication --- if it can be demonstrated through expert testimony that it impaired his thinking, there is a defense there. There may also be other defenses. Please call me to discuss.

Until then, please see my website

www.nj-dmv-dwi.com

Thank you.

888-777-0455

cell 609-634-7308

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Answered on 12/16/02, 6:45 pm


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