How can I save my license from a suspension by the New Jersey DMV?
By: LawInfo
- First and foremost, hire an experienced attorney. There are many factors to consider. Your attorney may be able to plea bargain the case or win at trial.
- Check the accuracy of the Breathalyzer (R).
- Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
- Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
- Check the times of events. Officers must perform the tests within certain guidelines.
- Check the labeling of the sample. It must be identified as being yours.
- Check for fabrications and other errors in reports and testimony.
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Additional New Jersey Drunk Driving Defense FAQs
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Q:
Will I go to jail after a DUI in New Jersey?
A: On a first offense, probably not. On second or later offenses, it becomes more probable, but an experienced attorney may be able to keep you out. More -
Q:
What happens if I do not comply with court ordered (IDRC) classes after a DUI in New Jersey?
A: The court will sentence you to a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of … More -
Q:
If I obtain an International driver's license, may I drive in New Jersey, even though my New Jersey license is revoked?
A: No. More -
Q:
Can I refuse to take a Breath Test after being pulled over for DUI in New Jersey?
A: No. By driving on the roads of New Jersey, according to statute, "Any person who operates a motor vehicle on any public road, street or highway or … More -
Q:
Do the same penalties apply for DUI as refusing to take a Breath Test in New Jersey?
A: They are similar New Jersey has an Implied Consent Law that states that all drivers operating on New Jersey roadways have agreed to submit to a breath test following … More -
Q:
What if I am convicted of both DUI and refusing to take a Breath Test in New Jersey?
A: You will be sentenced for both violations, and your suspensions and potential jail time will be consecutive. In other words, your penalties will essentially double. … More -
Q:
What happens if I am convicted of DUI while driving within 1,000 feet of school property or a school crossing zone in New Jersey?
A: For a first offense, you will be fined from $500 to $800. You will be sentenced to jail for up to 60 days. Your driver's license will be suspended for a period of … More -
Q:
What happens if I am convicted of refusing to take a Breath Test and I was driving within 1,000 feet of school property, in New Jersey?
A: You will be fined between $500 and $1,000. For a first offense, your license will be suspended for one year; four years for a second offense; and, 20 years for a … More -
Q:
Once my DUI license suspension is up, do I automatically get my license back?
A: No. You must pay a restoration fee of $50.00 to the Division of Motor Vehicles. More -
Q:
If my license is suspended/revoked at the time of my DUI in New Jersey, how is the additional period of suspension calculated?
A: Any additional suspension imposed in the current DUI matter will begin on the date of termination of the existing revocation or suspension period. More
