Legal Question in DUI Law in New Jersey

Situation: A DUI stop, a minor is in the car, officer gives you a break & does't report it but arrests you. 1st offense, clean record. You don't take the breath test because you were not informed of consequences & never read the 11-paragraph statement required by law. Your attorney requests disclosure plus the video in the interrogation room at the station. They tell him the camera was not on that night. You don't want to plead guilty to Refusal, but the attorney STRONGLY leads you to plead guilty to DUI & Refusal because there's no PROOF of not being informed. He's worried the roadside video of the pullover will be shown to the prosecutor if you contest the Refusal. Video shows minor was there. Trial is over, plead guilty to both. If one now files to vacate the guilty on Refusal, can the severe charges of having a minor be added to you if prosecutor now sees the video? Thanks

Asked on 10/16/10, 7:08 am

Bernard J. Berkowitz Berkowitz & Raiken

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the statute of limitations has not run so additional charges can be brought.

Answered on 10/21/10, 8:40 am

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