Legal Question in DUI Law in New Jersey
Dui
My girlfriend was arrested outside of her apartment for dui, careless driving, and wreckless driving, she was outside of the vehicle when the police approached her who were at her residence b/c her ex-husband who was supposed to have been superivsing their daughter decided to drop the daughter off unanounced, when my girlfriend called the childs father and asked him why he said he was busy. The daughter was not supposed to be in the care of the mother the night of the incident. w/o the child present she indulged in some alcoholic beverages and was intoxicated. The ex-husband came by picked up the daughter and then called the police and DYFS to report the mother for being intoxicated. upset about the incident my girlfriend went to her next door neighbors, once inside she realized she left her cell phone in her car went out to retrieve the phone and was immediately approached by several men pointing flashlights in her face demanding to know where she lived, once she realized they were police along w/a DYFS worker she gave them her address, at that point she was issued field sobriety and transported to PD where she blew over the legal limit. Can this be considered entrapment or even ethical since she was not driving the automobile?
5 Answers from Attorneys
Re: Dui
Doesn't appear to me to be either unethical or entrapment. However, based on the fact pattern that you have given, she may have a defense to dui. She needs to get a good attorney quickly.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with a Family Law attorney for a full consultation
before you take any further steps. You may feel free to call me to discuss this matter in more
detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck!
Rob Gleaner
Re: Dui
There is an issue of operation of the vehicle and WHEN she drove her vehicle.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Dui
Since the tickets were issued against her they need to be addressed in court. From what you are telling me though it appears that I may be able to beat these tickets. I am an attorney who has handled very many cases similar to yours in various courts throughout NJ in the past. I would like to discuss this case with you or your girlfriend in more detail to determine how I can help her. Please call me at your convenience. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Dui
I agree with the other attorneys, it "sounds" like she has a good case. However, cops are not that bad, at least most of them. I am sure they have some reason to believe that she was driving. The Judge is going to tell her to get an attorney and I do suggest she gets a good one that will give it to her like it is, i.e. not promise her the universe and show up to court and not deliver. You have to be real careful here.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: Dui
I agree with other counsel. Operation is a key element to a 39:4-50 (DUI) offense. She needs to speak with an attorney to outline her options as well as explain the possible consequences. Feel free to tell her to contact me for a free consultation.
Frank
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