Legal Question in DUI Law in New Jersey

Re: Chun Stay in NJ with PA exceptions?

Now that Chun has been decided you see if the case resolves any potential defenses you may have. I do not practice in PA but I know that PA has an ARD to remove the offense as a criminal charge sometimes imposing other requirements such a 30 day suspension. The ARD is a diversionary plan for criminal charges similar to NJ PTI program for criminal charges. In NJ DWI is not a criminal charge so PTI (NJ's ARD) is not available. It seems that you may have plead to DWI pending the outcome of Chun so that PA was notified of the outcome --you may only be awaiting sentencing subject to defenses (if any). IF you feel you must contact Penn DOT, go ahaead but you may wish to let it run its course instead of waking sleeping dogs.

Re: Chun Stay in NJ with PA exceptions?

Pennsylvania allows jury trials for dui/dwi charges and takes a dim of New Jersey dwi/dui law and in some instances just ignores a New Jersey dwi/dui conviction. That is what a Pennsylvania associate of mine tells me. You should just call Pennsylvania

motor vehicles to answer your question.

Gary Moore

Re: Chun Stay in NJ with PA exceptions?

If you were represented by a lawyer when you entered your guilty plea, you should call him/her. Your attorney has been noticed to appear in court as well. It appears that nj mistakenly notified PA that you were convicted when your conviction was stayed pending the Chun decision. PA 1st offenders do not lose their license. What you have to be careful about is that after you appear back in NJ and the NJ sentence is imposed, NJ does not re-report it to PA. If that does happen, PA may think you've been convicted a second time. It's very confusing for sure.

Give me a call. I'd be happy to discuss this further.