Free New Jersey Drunk Driving Defense FAQs | Free New Jersey Drunk Driving Defense Legal Documents

What Happens After A Dwi Arrest In New Jersey?

Tue, 29 May 2007 21:19:00 GMT

Arraignment: This usually occurs within a few days of your arrest. If you hire an attorney prior to this proceeding, often the attorney can waive your presence for the arraignment. Some judges require that you be present, whether you have a lawyer already or not. Pretrial Conference: After the Arraignment date, you will usually get a court date within 34 weeks of the date of your arrest. If the police reports have been made available to your attorney by that time, and all of the defenses to the charges have been determined, the case can be resolved at that time either through trial or plea. However, most of the time, a postponement is required to obtain full "discovery", determine your best defenses, and consult with potential experts. The latest postponement will probably be within 7 weeks of your arrest. Often, you will have only one court date after Arraignment, where you will either go to trial or resolve your case by entry of a plea. Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress after receiving the "discovery" or police reports regarding your arrest. The motion is brought at the time of trial. No Plea Bargaining: The Supreme Court has precluded any plea bargaining regarding DWI charges. The State must be able to prove its case against you beyond a reasonable doubt, or it can choose to dismiss or downgrade to a lesser charge that is more appropriate to the offense. Trial: New Jersey does not allow for jury trials in DWI matters. Your case will be heard before a Municipal Court Judge. Resolution of your case, whether by trial or plea must be within sixty days after your arrest. There are some variations to this, but the courts attempt to strictly follow this rule. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, community service, alcohol classes and fines.

Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?

Tue, 29 May 2007 21:19:00 GMT

Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.

Will I Go To Jail?

Tue, 29 May 2007 21:19:00 GMT

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.

How Many Hours Of Alcohol Classes Will I Have To Take?

Tue, 29 May 2007 21:19:00 GMT

Plan on at least 12 hours, usually two 6 hour sessions.

What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?

Tue, 29 May 2007 21:19:00 GMT

You can go to jail.

I Lost My New Jersey License. May I Obtain A License In Another State?

Tue, 29 May 2007 21:19:00 GMT

In most cases, no.

If I Obtain An International Driver's License, May I Drive In New Jersey, Even Though My New Jersey License Is Revoked?

Mon, 04 Jun 2007 21:51:22 GMT

No.

What If I Burped Within Twenty Minutes Of Blowing?

Tue, 29 May 2007 21:19:00 GMT

While this is a defense in other states, this is not a defense in New Jersey.

Are There Defenses To Dwi?

Tue, 29 May 2007 21:19:00 GMT

Yes, make certain you consult with a qualified attorney!

What Are The Penalties For Dwi In New Jersey?

Tue, 29 May 2007 21:19:00 GMT

For the first offense, fines range between $250.00 and $400.00. You must attend alcohol awareness classes at the Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 Violent Crimes Compensation Board (VCCB) penalty, and a $75.00 Safe Neighborhood Fund Assessment. You can be sentenced to up to 30 days in jail. You will lose your license in New Jersey for six months to one year. For a second violation, fines range from $500.00 to $1,000.00. You must perform community service for a period of 30 days. You must attend alcohol awareness classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 VCCB penalty, and a $75.00 Safe Neighborhood Fund Assessment. You will be sentenced to jail for a term 48 hours to 90 days. You will lose your privilege to drive in New Jersey for two years. For a third or subsequent violation, you will be fined $1,000.00. You must attend alcohol awareness classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 VCCB penalty, and a $75.00 Safe Neighborhood Fund Assessment. You will be sentenced to jail for a term of 180 days, however 90 days of the jail sentence can be served performing community service. You will lose your driving privileges in New Jersey for 10 years.

Can I Refuse To Take A Breath Test?

Tue, 29 May 2007 21:19:00 GMT

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 quasipublic area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood."

Are There Any Defenses To Refusing To Take A Breath Test?

Mon, 04 Jun 2007 21:51:22 GMT

Depending on the circumstances of your case, there may be defenses.

Do The Same Penalties For Dwi Apply To Refusing To Take A Breath Test?

Tue, 29 May 2007 21:19:00 GMT

They are similar. You will be fined between $250 and $500 for any offense. A first offense carries a six months license suspension. A second offense carries a two year suspension. A third offense carries a ten year suspension. Convictions for similar offenses in other jurisdictions count as prior offenses.

What If I Am Convicted Of Both Dwi And Refusing To Take The Test?

Tue, 29 May 2007 21:19:00 GMT

What if I am convicted of both DWI and Refusing to take the test? 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. In many situations, an experienced attorney can prevent this from happening.

What Happens If I Am Convicted Of Dwi While Driving Within 1,000 Feet Of School Property, Including A School Crossing Zone?

Tue, 29 May 2007 21:19:00 GMT

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 one to two years. For a second offense, you will be fined $1,000 to $2000. You must perform community service for a period of 60 days. You will be sentenced to jail for 96 hours to 180 days. The court may lower the jail term for each day, not exceeding 90 days, served performing community service. Your driver's license will be suspended for 4 years. For a third offense, you will be fined $2,000. You will be sentenced to 180 days in jail. Your driving privileges will be suspended for a period of 20 years. The period of license suspension begins after you have completed any prison sentence imposed upon you. It is not a defense that you were unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. It is also not a defense that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session

What Happens If I Am Convicted Of Refusing To Take The Breath Test And If I Was Driving Within 1,000 Feet Of School Property, Including A School Crossing Zone?

Tue, 29 May 2007 21:19:00 GMT

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 third or subsequent offense. Any license suspension begins after you have completed any prison sentence imposed.

What Happens If I Am On The Suspended Or Revoked List At The Time I Was Stopped For Dwi?

Tue, 29 May 2007 21:19:00 GMT

Upon conviction you will be fined an additional $500; your license will be suspended for an additional period of one to two years; and you will be sentenced to jail for not less than 10 days or more than 90 days.

What Happens If I Am On The Suspended Or Revoked List At The Time I Was Stopped For Dwi Or Refusal And I Was Driving Within 1,000 Feet Of School Property, Including A School Crossing Zone?

Tue, 29 May 2007 21:19:00 GMT

Your license will be suspended for an additional period of one to two years. That suspension will begin upon the completion of any prison sentence. You will be fined $500. You will be sentenced to jail for 60 to 90 days for a first offense; 120 to 150 days for a second offense; and, 180 days for a third or subsequent offense.

If I Have A License In Another State, Do I Lose My Driving Privileges In My Home State Also?

Tue, 29 May 2007 21:19:00 GMT

Not automatically.

Once I Have Served My Period Of Suspension, Do I Automatically Get My License Back?

Tue, 29 May 2007 21:19:00 GMT

No. You must pay a restoration fee of $50.00 to the Division of Motor Vehicles.

If I Was Convicted Of Dwi Or Dui In Another State, Does That Count As A Prior Conviction In This Situation?

Tue, 29 May 2007 21:19:00 GMT

Yes, as long as the prior conviction was based exclusively upon a violation of a proscribed blood alcohol concentration of .10% or greater.

If My Driving Privileges Are Suspended Or Revoked At The Time Of My Dwi, How Is The Additional Period Of Suspension Calculated?

Tue, 29 May 2007 21:19:00 GMT

Any additional suspension imposed in the current DWI matter will begin on the date of termination of the existing revocation or suspension period.

If I Have A Prior Conviction For Dwi That Is More Than 10 Years Old, Does That Count As A Prior Conviction For Sentencing In This Matter?

Mon, 04 Jun 2007 21:51:22 GMT

No. If the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

Can The Intoxicated Driver's Resource Program Make Me Take Any Additional Classes Or Order Additional Counseling?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. As part of your sentence, you have to satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the Director of the Division of Motor Vehicles.

What Happens If I Do Not Comply With The Idrc Classes Or Additional Recommendations For Counseling?

Tue, 29 May 2007 21:19:00 GMT

The court will sentence you to a mandatory twoday term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied.

What If I Am Under 21, What Is The Law Regarding Dwi?

Tue, 29 May 2007 21:19:00 GMT

If you have a blood alcohol concentration of 0.01% or more, but less than 0.10%, you will forfeit your right to operate a motor vehicle in New Jersey or be prohibited from obtaining a license to operate a motor vehicle in New Jersey for 30 to 90 days beginning on the date you become eligible to obtain a license or on the day of conviction, whichever is later. You must perform community service for a period of not less than 15 or more than 30 days. You have to satisfy the program and fee requirements of the IDRC. These penalties are in addition to the penalties which the court may impose under the DWI and criminal laws.

How Can I Save My License From A Suspension By The New Jersey Dmv?

Tue, 29 May 2007 21:19:00 GMT

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.

What Are The Speed Limits In New Jersey?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate *55 mph
Ltd Access Rds *55 mph
Other Primary Rds 55 mph
Residential 25 mph *Selected roads may be 65 mph

What Is Unique To New Jersey Speed Limits?

Tue, 29 May 2007 21:19:00 GMT

New Jersey is one of three states retaining a 55 mph speed limit on interstate highways.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid in person and some tickets can be paid by mail.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI No

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities and (if the accident is not investigated by the authorities) within 10 days in writing to the Department of Motor Vehicles, 225 E. State St., Trenton, NJ 08666.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Securitytype law applicable in the event of an accident causing death, personal injury, or property damage exceeding $500. Minimum limits: $15,000/30,000/5,000. Nofault insurance with personal injury protection and uninsured motorist insurance is required. New Jersey has unsatisfied judgment funds law.

What Other Regulations Are Unique To New Jersey?

Tue, 29 May 2007 21:19:00 GMT

Selfservice gas is prohibited.

When Must I Use Headlights?

Tue, 29 May 2007 21:19:00 GMT

New Jersey requires that you have your headlights on whenever you are using your windshield wipers.

What Are The Right Of Way Laws?

Tue, 29 May 2007 21:19:00 GMT

The right of way on many of the traffic circles (rotaries) is not clearly defined. Sometimes it is the person inside the circle with the right of way, sometimes it is the person entering. These unwritten rules are not consistent from circle to circle, and worse yet, not consistent within a circle. Always be prepared to stop.

Do Police Cars Use Special Lights?

Tue, 29 May 2007 21:19:00 GMT

Police cars use red lights, sometimes in combination with other colors, when they want to pull someone over. Be cautious of a vehicle displaying a blue light only. If in doubt, signal acknowledgment and that you are proceeding to a welllit public place to stop.

Are There Any Unique Weather Regulations?

Tue, 29 May 2007 21:19:00 GMT

There is a hefty fine for snow or ice blowing off your car and causing damage to another car or person.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
The BAC level is .10%.
New Jersey does not have an administrative license suspension law, but does have an implied consent law. The breathalyzer refusal penalty is a 6month driver's license suspension for first offense.
Unloaded and cased firearms are permitted in vehicle, but must be in the trunk. A permit is required.
New Jersey considers over 4 dozen specified firearms as being "assault firearms." Check before you carry firearms through this state.
Studded tires are permitted from November 15 to April 1.
Tire chains are not required.
New Jersey has a seat belt law with primary enforcement for all front seat occupants.
New Jersey has a mandatory child restraint law for passengers under 6 years of age. Children under age 1½ must use approved car safety seats. Adult safety belt may be used for ages 1½5 in rear seat only.
New Jersey has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.