Legal Question in DUI Law in New Jersey
Refusal and driving while suspended in NJ Question
I was just informed by a employment agency today that due to the fact that I was convicted of Refusing the breatalizer and Driving while suspended (while being suspended for the refusal charge) that I now have a criminal record and will be unable to pass criminal background checks for the next 7 years?? Is this for real? I was never arrested in my life for anything prior to this and had no points on my license when this all happened. Now I am considered a criminal and unworthy of employment for a bad driving record? Is this legal?
Any help with this would be greatly appreciated.
2 Answers from Attorneys
Re: Refusal and driving while suspended in NJ Question
In New Jersey these offenses are recorded on the computer of the Division Of Motor Vehicles and ARE NOT listed on the records of criminal offenses maintained by the police and the criminal division of the Superior Court.
These particular traffic offenses are nearly or quasi criminal matters to the extent that a jail sentence is possible but under they are not listed under Title 2C which is the New Jersey
criminal code. They are listed under Title 39 which is for motor vehicle offenses.
The practice which you describe strikes me as unlawful because the offenses in question are not supposed to be regarded as criminal offenses.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
Re: Refusal and driving while suspended in NJ Question
What the employment agency told you is not true. You do not have a criminal record for a DWI or Refusal conviction. These are traffic code offenses, not criminal code offenses. Therefore they should not prevent you from passing a criminal background check. I am an attorney who has handled many cases similar to yours in the past in various courts throughout New Jersey. If you have any questions about this or any other legal matters in the future please call me at 1-908-272-0111. There is never any charge for simply calling and discussing a case with me. Thank you. Sincerely yours, Ronald Aronds, Esq.
www.njworkerscompensationlaw.com
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