Legal Question in DUI Law in New Jersey
After my DUI sentencing, I was ordered by the IDRC to undergo outpatient alcohol treatment. At the time i wasn't going to stop drinking, so i didn't comply.
A short time later, i admitted to myself i have a problem and went to Princeton House rehab through my insurance company. An IDRC non-compliance warrant was issued for me. When I contacted idrc they said i needed a reevaluation drug and alcohol counsellor. I complied, The counsellor sent a letter to idrc stating i needed no further treatment. that was over 2 weeks ago, and the idrc still has made no determination. whenever i call, I'm told the director hasn't had a chance to look at it. "She's having a bad week" or "shes in class tonight" are the usual excuses I get.
I've been sober for just under 5 years and I wish to get on with my life. Should I go before the judge again? Last time I appeared before him he remanded me back to IDRC. Should I pester the IDRC for their decision? Should I speak to the director's supervisor? I can't believe any one's too busy to take five minutes to look over a reevaluation and give a determination.
I was ordered to complete outpatient treatment, but I went one better and did Inpatient treatment, and outpatient follow up sessions.
Any advice is greatly appreciated. Thank you.
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1 Answer from Attorneys
Write a letter to the Judge, explaining in detail everything that you have done and also telling him, in the letter, all of the problems you have had in getting IDRC to deal with this. In closing the letter, say that you are asking the Court to make a determination that you have completed the requirements of IDRC based on what you have done and ask that this be scheduled for Court so that you can have him make that determination. Send a copy to the IDRC people. Then, when you are scheduled for Court, you will make the same points to the Judge. Hopefully, he will agree with you.
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 any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner
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