Legal Question in DUI Law in New Jersey

first offense DWI in NJ

I live in South Jersey and my wife in chicago. She has a Illinoislicense. She was visiting me when she got a DWI and a ticket for failure to maintain the lane. The officer who gave the ticket sais that he will come to the court and testify that she was very cooperative, calm and respectful. They had the car towed away and i wen to the police headquaters to pick her up. we got the car back and are due in court in 2 weeks. the legal limit is .08 and she blew .13,what is going to happen.


Asked on 3/09/05, 12:27 pm

4 Answers from Attorneys

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

Re: first offense DWI in NJ

First, you should consider hiring a local attorney who can review the evidence and determine whether or not you have grounds to fight the ticket. If not, and if its her 1st or 2nd DUI, she'll likely pay some fines and have her NJ driving privelges suspended. (NJ will likely report it to ILL and ILL DMV will determine what to do with her license - I can probably help find that out for you).It isnt the most serious charge and she is not likely looking at any jail time, but she should probably have an attorney or, at least, speak with one.

Please feel free to contact me for a free consult by phone or in person. I am in Cherry Hill.

Thank you,

Daniel B. Kelley

(856)616-8080

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Answered on 3/09/05, 12:46 pm
Raymond Weicker Qua, Hall, Harvey & Walsh

Re: first offense DWI in NJ

I concur with attorney Kelley. DUI is s serious offense and your wife should be represented by counsel. Aside from the damage that a conviction does to your record and driving privileges, DUI has serious consequences for your auto insurance rates and may limit her future employment opportunities. DUI is looked upon as a offense which can preclude employment for any position involving sound decision making, or the safety of others.

I encourage you to consider hiring local counsel (local to where the case will be heard) to review the evidence and determine whether or not you have grounds to fight the charge. The basic math is simple; if your auto insurance rates would otherwise double to triple (depending on the rest of your record) for the next ten years, it makes sense to be represented by counsel. Having been cooperative with the police does not get you any credit or consideration in this type of case.

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Answered on 3/09/05, 1:02 pm
Gary Moore Gary Moore Attorney At Law

Re: first offense DWI in NJ

A .13 is likely to result in a conviction as a first offender with a reading of .10 or greater which has a minimum loss of license in New Jersey of seven months.

Anything which would be a basis of concluding that her actual reading was under a .10 but more than a .08 would result with a 90 loss of New Jersey driving privileges.

To get a .08 requires knocking some holes in the State's case. This requires that your wife have some medical condition, such as disabetes, which would be a basis of concluding that part of the reading was caused by chemicals other than alcohol being given off as a consequence of the diabetes or other condition.

Call me for a better explanation.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.dwitrials.com

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Answered on 3/09/05, 1:46 pm
Scott Diamond DIAMONDLAWYER

Re: first offense DWI in NJ

if found guilty she will lose driving priv. in NJ for at least 6 months and pay over 1000 in fines. If this is a second offense or more, she may go to jail and lose her lic. up to ten years. she shouldhire a lawyer

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Answered on 3/09/05, 2:44 pm


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