Legal Question in DUI Law in New Jersey

DWI fell thru the cracks

I was sentenced for my DWI in Nov 08. I relinquished my license that night at court. Was sentenced to 7 mo. suspension, DWI 12 hr class, fines etc. I'm due to get my license back next fri May 15 but have yet to recieve any info in terms of my class or the other fines still needing to be paid such as restoration fee etc. I called the place where the class is held and the lady told me it looks like I fell thru the cracks as my info wasnt in her system either. My buddy who is a cop ran my license # and nothign came back saying it was suspended or that I had a DWI. What are the legal ramifications of me getting my license back and not doing the class etc? This isn't my fault the court or DMV messed up so what is the worst that can happen if I dont go further and tell the court a mistake happen?


Asked on 5/06/09, 3:23 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: DWI fell thru the cracks

Well it seems like as far as DMV goes, your DL is not suspended, you just don't have one. Not that you should just start driving. I suggest you get an attorney to handle this for you as it could be a mess to sort out.

Call me at 732/247/3340 to discuss.

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Answered on 5/06/09, 5:36 pm
david bildner bildner law firm

Re: DWI fell thru the cracks

I have been practicing over 20 years and deal with issues like this on a frequent basis.

There are 2 different categories of penalties you have to look at: The first is the DMV, which is in charge of granting or suspending your license based on the court's order. It looks like they dropped the ball in processing the DWI. This can actually cause you grief, because when they catch it (they eventually will), they may try to start your 7 month suspension from then, not from when it was ordered. I suggest you get a printout from the DMV AFTER your suspension is scheduled to be over. That way, if you are later accused of driving while suspended, you can show that the DMV said you were allowed. If later you get a notice from the DMV saying that you are suspended, speak to a lawyer about it then.

The second category of things you have to deal with is stuff like your 12 hour obligation at the IDRC (Intoxicated Driver Resource Center). They typically run a long backlog. It is not unusual to be restored before the IDRC gets to you. You can't do anything about it until they are ready for you. Again, if you have a problem with it, call an attorney when it happens.

Feel free to call toll free 877\688\3879 if you have any questions.

Disclaimer

Nothing in this correspondence shall be construed as creating an attorney-client relationship. While this information is intended to be accurate, it is intended for general information only and should not be considered a substitute for consultation and advice by an attorney who has access to all necessary and relevant information. I also urge you to read the general disclaimers and terms of use for this website. They actually mean something.

You are invited to call me for a free, no-obligation consultation at 877\688\3879.

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Answered on 5/06/09, 9:58 pm


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