Legal Question in DUI Law in New Jersey

on probation 4 criminal charge - got a dwi

I was arrested about 7 months ago for selling marijuana to an undercover police officer, i got 4 years probation, and 6 months loss of license for it .. the other night, i was coming home from a bar and a cop pulled me over and gave me a DWI, driving while suspended, and other tickets.. i was wondering if this is considered a violation of probation; and if i would even have to tell my probation officer. thank you


Asked on 7/13/04, 1:51 am

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: on probation 4 criminal charge - got a dwi

It is a violation of probation to fail to report a new arrest to your probation officer. Dwi is a traffic offense with criminal penalties, but I would think that your probation officer will not violate your probation because you are tried with an offense under the motor vehicle code and not with an offense under the criminal code.

I would guess that one of the conditions of probation might relate to drinking alcohol.

Additionally you are preseumed innocent until proven guilty of dwi and have some time to prepare for a possible violation of probation charge, assuming you were guilty of dwi.

You may call me to discuss your dwi charge, but I expect you may not want to hire an attorney with an office in Hackensack.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.dwitrials.com

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Answered on 7/13/04, 3:54 am
John Ducey Law Offices of John G. Ducey, PC

Re: on probation 4 criminal charge - got a dwi

Usually with a drug charge your probation would include a ban on alcohol. If so a violation probably will happen. If no alcohol was not a condition of probation you may be ok but it is best to inform them about the arrest. If you need help with the municipal court charges or if they do violate you call 732-286-2170.

John

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Answered on 7/13/04, 4:41 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: on probation 4 criminal charge - got a dwi

Any arrest could be a violation of your probation since you are required to stay out of trouble when you are on probation. However, the probation officer may not violate you in this case because it was a traffic violation and not a criminal violation. Either way, you have to report it to your probation officer. If you don't and they find out, they will definitely violate you. I am an attorney who has handled cases similar to yours in the past. Feel free to call me at 1-908-272-0111 to further discuss your case. There is never any charge for consulting with me. Thank you. Sincerely yours, - Ronald Aronds, Esq.-

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Answered on 7/13/04, 12:04 pm


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