Legal Question in DUI Law in New Jersey

Re: DUI and Refusal

I would have to say that there is no chance that a prosecutor would voluntarily dismiss a DWI charge if you pled to the refusal charge. Perhaps they would agree to do it the other way around, plead to the DWI and they will merge/dismiss the refusal charge. However, I recently (within the past 6 months) did a trial on a third offense DWI and Refusal case and beat the DWI part at trial, even though the judge found my client guilty of Refusal. Because of that my client did not have to do the 6 months in jail. So if you are looking to beat the DWI, going to trial would probably be your only chance. 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.-

www.njworkerscompensationlaw.com

Re: DUI and Refusal

please hire a lawyer. the penalties for third DUI (DWI) are huge.

find an attorney near you who specializes in drunk driving. ask the attorney how many cases of DWI the attorney handled last year; it should be at least twenty or more. ask how many DWI cases the attorney took to trial last year and got a verdict (NOT settled but actually got a verdict); it should be at least three or four.

Do NOT hire an attorney who sounds like he/she is smart and prepared. Hire one who sounds smart and prepared who also does a lot of actual DWI defense and can back that up with actual experience trying cases.

I do not do this work and can not help you.

you face possible long term jail time. please hire a very good lawyer.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: DUI and Refusal

By court rule plea bargaining is not allowed in dwi cases. To avoid jail you would have to be found not guilty of the dwi and guilty of the refusal after a trial.

There is no jail sentence for a refusal.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: DUI and Refusal

I agree with both attorneys, get an attorney. Normally there is no plea bargaining but I wouldn't say it never happens, as we do it many times. It's just that its not your typical plea bargain process. We have actually resolved a good portion of our DWI's by plea bargain within the last 6 to 12 months and I have gotten refusals thrown out in exchange for DWI and vice versa. We have even gotten DWI's thrown out with a plea to reckless driving. Of course, every case is different so I would have to speak with you to determine the odds of one result or another. Nothing is ever absolute with the law, even when the facts and law are on your side.

My initial consultations are always free so call me at 732/247/3340 to discuss your case.