Legal Question in DUI Law in New Jersey
3rd DUI
I am facing court for a third DUI. Could I be brought back to NJ for this if I were to leave the state prior to any court proceedings? Several lawyers have told me no if I were to do so prior to conviction but there would be a warrant which would stand forever in NJ.
2 Answers from Attorneys
Re: 3rd DUI
They must have also told you that you will serve at least 90 days in jail if you plead or are found guilty of a
third dwi.
If you pled guilty to a prior dwi without an attorney and without being advised of your right to an attorney and can establish this with court records and a transcript of the proceedings you can avoid jail.
If another state motor vehicles department learns that your driver's license is suspended in New Jersey for
failing to appear in Court that state
will probably suspend your driver's license, too.
Drunk driving is not a crime in New Jersey which means that another state will not extradite you to New Jersey
on the warrant.
You are facing a difficult decision because it is virtually impossible to drive anywhere north and south in this part of the country without passing through New Jersey. In the two
to three hours it takes to drive through New Jersey you may be stopped for speeding; failure to wear a seat belt; improper use of cell phone; be
misidentified and stopped or have an
accident with another car without any fault of your own.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: 3rd DUI
I suggest you get an attorney to fight the case for you. There are plenty of motions and other ways to fight the case that can keep you out of jail. You don't want to have that warrant hanging over your head for all that time. While NJ won't come get you, if you get stopped somewhere else and they see a warrant, they could pick you up and hold you until they find out NJ doesn't want to come get you. You should at least attack it and see what happens before trial.
My initial consultations are always free, so call me at 732/247/3340 to discuss the case.
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