Legal Question in DUI Law in New Jersey

False DUI accusation

I was in a major truck accident and got charged with DUI,,I, however was not drunk, as a matter of fact I dont even drink alcohol. My workers comp rep told me he talked to the officer and the officer said he charged me with it because he said he ''can always drop it but cant add it later'', the charges still havent been dropped,, can I sue the state of NJ for the stress and inconvenience it put me through?


Asked on 12/05/07, 3:49 am

4 Answers from Attorneys

Michael Kuldiner Law Offices of Michael Kuldiner, P.C.

Re: False DUI accusation

If they have probable cause then they can charge you, however, I would get a lawyer if I were you and make sure those charges dont stick.

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Answered on 12/05/07, 8:54 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: False DUI accusation

You first need to beat the case. I don't see this cop dropping this charge. They are close to impossible to drop. You should get a good attorney to help you here.

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Answered on 12/05/07, 9:38 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: False DUI accusation

The police and prosecutor will not just drop the charge, especially if it is a charge for DWI. In order to get the charge dismissed the evidence has to be such that there is no way you could be convicted of DWI. It would certainly be to your benefit to hire a lawyer if you have an actual defense to the DWI charge. Regarding suing the state for your stress and inconvenience, you have to beat the charge first before you could even consider doing that. The other issue is the accident itself. Were you driving for your job at the time of the accident? If you were, then you have a solid workers compensation claim for any injuries you suffered. I am an attorney who has handled very many DWI and Workers Compensation cases throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please call me at your convenience. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 12/05/07, 10:22 am
John Gibson John W. Gibson, Esquire

Re: False DUI accusation

The question is puzzling to me. If there was no field sobriety test, no blood alcohol test of any kind, and no observation of your driving by the police I don't see how they can have probable cause to charge you with DUI. Maybe they are waiting on a blood test from the hospital but even that doesn't make much sense to me since they could and would file that charge if they found out after the fact that your BAC was above the limit.

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Answered on 12/05/07, 12:50 pm


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