Legal Question in Traffic Law in New Jersey

Driving on Revoked List (possible jail time)

Hi,

I lost my license for DUI in 1995. I paid the fines but never took the driving course that was part of the penalty. In August, my girlfriend and I were in Sea Side Park. She did not feel well, so I was driving her car around 12:30 in the afternoon. We were pulled oer for a �rejected� sticker. Luckily she was with me and had her license & the inspection report intact. I did not have a license to produce so I was given a court date.

When I went to court, I plead guilty, and was expecting to pay a fine and receive additional suspension. However, the judge told me I was looking at 10 days in jail. He assumed I did not pay the fines, but allowed me to explain that all I did not do was take the class. He then gave me the option to change my plea and reschedule. He left me under the impression that there's a loophole in this area. My record has been clean since 1995. All I failed todo was take that driver's curse to haev my license reinstated. What will I be facing? What are my options? It was my first offense on the revoked list. Thank You.


Asked on 9/21/03, 3:59 pm

2 Answers from Attorneys

John Pinho John Pinho

Re: Driving on Revoked List (possible jail time)

I suggest that you contact the Division of Motor Vehicles and arrange the scheduling of the IDRC (Intoxicated Drivers Resource Center) classes you need to take. After taking the classes and paying your restoration fee, get your license up to date (not suspended) and return to the Municipal Court to once again explain your situation. Technically, you were suspended on the date you were pulled over, however, if you are restored and explain the circumstances you might get a sympathetic ear and a downgrade.

You may want to hire an attorney to plea your case. There is a potential 10 day jail sentence on driving while suspended. Judges usually are not sympathetic if you had a prior DWI (Driving While Intoxicated).

My office is a available for a free consultation. Please call (973) 344-0808. I can make arrangements through email to represent you and meet you down in Seaside Heights to straighten out your case.

John M. Pinho

www.DaSilvaPinho.com

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Answered on 9/21/03, 4:13 pm
Gary Moore Gary Moore Attorney At Law

Re: Driving on Revoked List (possible jail time)

If you paid thel restoration fee required by the dmv you may be able to claim you were only unlicensed and have only a fine as a penalty. 800 273 7933 is my number if you want to call me on Monday.

Gary Moore

Hackensack, New Jersey

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Answered on 9/21/03, 7:10 pm


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