Legal Question in DUI Law in New Jersey
DWI in ''School Zone'' (County College Campus) w/Refusal
I was just issued six citations (DWI, Refusal, Reckless, among others), for driving my car off the road and into a field due to passing out. My memory of the night is sketchy, and unfortunatly I refused the breathalizer. I had no idea that this in itself was a citation and apparently carried a separate charge, and am not sure the officer informed me of this, although he may have. I've never been in any kind of trouble in my life, and made a very bad decision to drive that night. It would be bad enough to lose my liscense for six months, but my charges carry a minimum 1 year loss of liscense due to the ''school zone.'' A loss of liscense will be very difficult to hide from my employer, and may cost me my job. What are the possibilities of the ''School Zone'' issue being dropped, so that I only recieve 6 months loss? I was looking into obtaining a liscense in another state, but that appears to be be nearly impossible, and it would apparently still be illegal for me to drive in NJ. I was even considering having my car parked in my workplace lot, and shifting it from spot to spot to give the appearance that I was driving into work, but this would probably technically violate my suspension, as well, even on private property.
4 Answers from Attorneys
Re: DWI in ''School Zone'' (County College Campus) w/Refusal
It is possible to greatly reduce your suspensions. On the other hand there are many considerations in defending your case and a careful evaluation of your case after a consultation with you is necessary in order to give you the best possible answer to your question.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
Re: DWI in ''School Zone'' (County College Campus) w/Refusal
I'm not sure where you received the six month information. Since DWI cases are supposed to be adjudicated within 60 days, your charges were likely brought after January 20th. As a result, the DWI suspension period for a BAC of .08, .09, or with no reading results in a three month suspension. A BAC of .10 or higher results in a minimum 7 month suspension. I don't know whether a college campus qualifies as a school zone, that would need to be researched. You may have a defense on the refusal if you were incapable of knowingly refusing. The refusal statute was just changed to a 7 month minimum suspension. You need to sit down with a capable attorney and discuss the whole case. Your reckless charge alone could result in a suspension of up to 90 days and jail time. An attorney that merely looks to get you the best deal is not the best attorney in a situation like this. You need one is willing to try the case and only take a deal that is in your best interest.
Good luck to you. Your contriteness about this being unlike the real you will also serve you well in the ultimate outcome.
Re: DWI in ''School Zone'' (County College Campus) w/Refusal
The license suspension penalty has been increased longer than 6 months if your reading was above a .10. I suggest contacting an attorney who can either negotiate a plea bargain dealing with some of the concerns you addressed or even take the matter to a trial if need be. Unfortunately NJ does not have any type of "work-only" license at this time.
732-286-2170
John
Re: DWI in ''School Zone'' (County College Campus) w/Refusal
I am an attorney who has handled many situations similar to yours in the past. In a situation such as yours, with so many different charges against you, the possibility for amending and working out an acceptable plea bargain to the charges always exists. This may include an amendment that would reduce the amount of time that your license would be suspended. It really depends on how skilled your attorney is at negotiating with the police and prosecutor. There is also always the chance, once the evidence is thoroughly reviewed by your attorney, that there will be a viable defense to the charges and they can be fought at trial. Nobody can give a definite answer until all the evidence is reviewed. Regarding shifting your car around in a parking lot if your license is suspended, I certainly would never recommend your doing that. If your license is suspended, simply getting behind the wheel of a car with its motor running is a violation of the driving while suspended law.
Please call me at 908-272-0111 so we can discuss this further. There is never any charge for a consultation with me about your case. Thank you.
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