Legal Question in DUI Law in New Jersey

I have a first ever DUI at 48 years of age. I was going through a period of depression and was not able to sleep for 24 hours. My doctor had recently prescribed ambien for my insomnia and I took 1 5 hours before getting in the car and swiped two parked cars when a car going the wrong way on a one way street came towards me. I left the scene because I did not realize I had swiped the cars...I thought the sound I heard was from the car coming towards me so I did not realize until a guy cut me off and said I hit the cars. The way he cut me off...if I was drunk I would have slammed into him. However, when the cops came he told them that I was drunk...I protested. The cop had we walk and claimed I failed the walk...again I protested and refused to do a breathalizer.

I plan to fight this vigorously. Should I get a lawyer which I cannot really afford, get a public defender or just plead to a lesser charge? I do not want a record of DUI which is offensive to me and I don't want to lose my license


Asked on 3/25/12, 3:59 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

It seems that you would have passed the breath test. You probably gave up your best defense, in your reacting to what you saw as an insult. You probably have two summonses pending against you and face losing your license for up to ten months, if found guilty of both offenses. You need to have a thorough consultation with an experience dui defense attorney. You should give me a call, if you like.

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Answered on 3/25/12, 4:08 pm
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

There are many reports about ambien being extreme in its reaction and effects.

The refusal to take the test was a huge mistake.and I am wondering if the policed officer advised you appropriately about the consequences of refusing to take the test.

I am a distance from you but I would be glad to help you if you wish.

Best wishes and good luck,

Saul Segan www.saulhsegan.com

Call me at 215-370-2608

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Answered on 3/25/13, 11:22 am
John Ducey Law Offices of John G. Ducey, PC

Are you facing a refusal ticket as well. If not there may be a great defense to the DUI if you are perhaps the police officer did not read you the form or have you sign the form.

It is difficult to beat a refusal case.

John Ducey

732-458-5600

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Answered on 3/25/13, 1:55 pm


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