Legal Question in DUI Law in New Jersey
3rd dui, possible mistreatment, can i avoid jail time?
i was charged with my 3rd dui and i'm not even 21 yet. after i was arrested, the officer told me i could wait there for 3 hours and be released rather than calling someone in the night. i waited, and was told that i now was being taken to county jail. i asked for another breathalyzer to prove i wasn't drunk and could leave but was refused. i got to county at 630 in the morning and called someone to post my bail. i was told to have them come at 8 because it would take that long to process me. i was put in an extremely cramped holding cell with 22 or 23 other people and wasn't processed until 11 or 12. although my bail was posted, and i was sober, and the judge signed me release, i was told i would have to wait for clearance before i could leave. this process took 4 1/2 hours. i was finally released 15 hours after i was arrested after being told that i could leave after 3 hours. the person who posted my bail was also forced to wait since the morning and did not have any of her questions answered. they did not even tell her that is was in the jail. my liscense was vaild at the time of the incident. can i avoid jail time for this? possibly work it out with community service? is it worth hiring a lawyer and where can i find a good one?
3 Answers from Attorneys
Re: 3rd dui, possible mistreatment, can i avoid jail time?
You will probably spend some in jail. I say this because you have not mentioned how drunk you were or were not. Call me to discuss further.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
Re: 3rd dui, possible mistreatment, can i avoid jail time?
If you are convicted of a third offense for DWI, New Jersey law says you will be sentenced to a mandatory 6 months in jail. It may be possible to spend half of that time in an alcohol rehab center, but that is not a guarantee. In addition to that, there is a mandatory 10 year loss of license. However, you seem to indicate that you were not given a breathalyzeer test, nor do you indicate that you were taken to the hospital to have a blood sample drawn to test your blood alcohol level. Without proof of your level of intoxication (if any), then it would be very difficult for the state to prove the DWI charge. I am an attorney who has handled many cases similar to yours in the past in various courts throughout New Jersey. I would like very much to speak with you in more detail about what exactly happened here. You may very well have a defense to the charge. Please call me at 1-908-272-0111 to further discuss the charge against you. There is never any charge for simply calling to discuss a case with me. Thank you. SIncerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: 3rd dui, possible mistreatment, can i avoid jail time?
If this is your third DUI charge, then you definitely need to retain counsel immediately. Yes, with assistance of an attorney, it may be possible to avoid jail time. For example, there may be defenses to the charges which could result in a dismissal or a favorable plea-bargain.
In terms of being "mistreated", as you were released within 15 hours of being arrested, and do not indicate any particular mistreatment other than being forced to wait quite a while (which is not unusual), your best focus is probably to concentrate your time, money, and energy on your defense to the DUI charge.
I handle this type of work, please contact me below.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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