Legal Question in DUI Law in New Jersey

Re: Ticket

It does not matter that the breathalyzer box was not checked. The State can actually amend their complaint (ticket) up to a certain point. Even without the box checked the State could still prove their case against you. If you would like a free consulatation, give me a call 732-286-2170.

John

Re: Ticket

The purpose of the traffic ticket or summons is to satisfy the requirement of the United States Consitution that you receive fair notice of the nature of the charge made against you. Apparently, you are able to understand that you are charged with a dwi on a certain date. Whether or not a breathalyzer was used is not critical to meeting the consitutional requirement of notice of the offense charged against you.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.dwitrials.com

Re: Ticket

The general answer to your question is �no� - I assume that they did have you blow into the breathalyzer? I can obtain the information regarding the unit in discovery and it includes information about the machine and whether it was operating properly. If you did not blow, you still can be convicted of DWI based upon the officer�s observations.

Violation of N.J.S.A. 39:4-50 (Driving While Intoxicated/Driving Under the Influence of Alcohol) is a serious charge which must be seriously defended. A guilty plea or a finding of guilt includes serious penalties including but not limited to - First offense is a $250.00 - $400.00 fine, 12-48 hours in a detainment center and at the Court�s discretion, not more than thirty (30) days in jail and a six (6) month to one year suspension of your driver�s license. For a second offense, it is a $500.00 to $1,000.00 fine, thirty (30) days community service and 48 hours to 90 days in jail, and a two (2) year loss of license. If you have a third offense, it is 180 days in jail, and ten (10) year driver�s license suspension. In addition to the basic penalties, there are additional fines including a drunk driving enforcement penalty of $100.00, a safe neighborhood penalty of $75.00 and surcharges which could amount through DMV of $1,000.00 a year for three (3) years.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

Please contact me for a free initial consultation.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

Re: Ticket

The fact that Breathalyzer wasn't noted on the tickets does not make them invalid. It is the rest of the evidence in your case that will determine whether or not you can be convicted of the charges against you. I would need to review that evidence before I could advise you if the state has a case against you. I am an attorney who has handled numerous DUI cases in the past. I would like to speak with you regarding the facts of your case so I can tell you what I can do to help you. Please call me at 908-272-0111 to discuss your case. There is never any charge for simply discussing the facts surrounding the charges against you. Thank you. - Ronald Aronds, Esq. -