Legal Question in DUI Law in New Jersey

The DUI may be the least of your problems, is the DUI a first offense? If the resisting arrest and assault charge are Indictable (felony) you would be prosecuted in the superior Court, before having to deal with the municipal traffic charges. I had a case like this recently. I know you say unaggravated assault, but if you are charged with aggravated assault and it is 2nd degree or higher, you are facing some very serious charges. I do not know what degree you are facing but a second degree carries 5 to 10 years in jail and if convicted, you would be sentenced under the No early release act because it involved a crime of alleged violence. You would face jail time even if you have no criminal record. Obviously the alleged destruction of public property only adds to the charges. The resisting would probably be charged as a third degree. the problem is if you end up being charged with a 2nd degree crime, such an offense carries what is known as a presumption of imprisonmentt. so like I said, the DUI right at the moment may be the least of your problems.

DWI, first offense, if based only on observations would be a three month suspension of your license, fines and other penalties. The refusal would carry a 7 to 12 month suspension and the three months could run consecutive or concurrent. this means in essence that you could be facing a 13 month suspension. if a first offense, a prosecutor cannot dismiss a refusal. again besides the fines and other penalties you also face several thousands of dollars in surcharges from the DMV over the next three years. However, you have a bigger potential problem with the criminal charges. (if you have prior DWI or refusal convictions, obviously the potential penalties are much more severe) I have dealt with this kind of a case before, so feel free to call with any further questions. (201)-894-9498

Potentially jail or even state prison for assault on public official, mandatory loss of driving privileges for some period of time for both DUI and Refusal, thousands of dollars in fines and surcharges, mandatory drunk driving school, possibly community service. There may be ways to minimize the penalties, however. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111

www.njworkerscompensationlaw.com

You definitely need professional legal help.

Please call me and let's talk.

I practice in NJ and PA. 215-732-4000

Best wishes,