Legal Question in Traffic Law in New Jersey
Driving Suspended 2 Weeks After DWI Conviction
An officer ran my tags at a stop light and pulled me over for driving while suspended. This came 2 weeks after I was convicted in court of a DWI. It was treated as my 1st DWI offense because it was 10 years since my last DWI. As a result of this DWI, I lost my license for 3 months and fines.
I am in my mid 40's and my driving in the 80's as a young adult was very irresponible. I had quite a few offenses, including a refusal in 1982 and a DWI in 1986. I also had several suspensions due to point violations (reaching a high of 25) and lack of insurance. I was considered a persistent violator.
I learned my lesson however, straightened my act up when I got married, and have had a spotless driving record since 1989 - that is until these 2 offenses this year. I have had yearly 3-point reductions until points on record was down to 0. Paid all my fines. Never went to jail. I have been and am a responsible citizen.
I am married, have a great job, own 2 homes, and make a great income. All this is in jeopardy because of what I'd done! I may be sent to jail! I will lose my license. I travel as a part of my job and most likely will lose my 6 figure job. Maybe even lose my marriage.
What can I most likely expect to happen?
3 Answers from Attorneys
Re: Driving Suspended 2 Weeks After DWI Conviction
According to New Jersey Statutes 39:3-40f(2)if you are found guilty of driving while suspended for DWI you "shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days". You can't use as a defense that you were not properly notified that your license was suspended, because the judge told you in court that your license was suspended when you got the DWI conviction. At the risk of sounding uncharacteristically pessimistic, I really don't see any defense in your case. However, if you would like to discuss this case in more detail please feel free to call me at 908-272-0111. There is never any charge for simply discussing a case with me.
Sincerely yours, -Ronald Aronds, Esq.
www.njworkerscompensationlaw.com
Re: Driving Suspended 2 Weeks After DWI Conviction
Driving while suspended for a conviction of dwi requires at least a one year suspension of your driving license.
The only defense available to your is that the stopping of your vehicle was unreasonable. The officer is entitled to run your plates, but the question is whether there are other facts and circumstances for him to have the reasonable suspicion that you are the owner of the vehicle.
You might call me to discuss the matter further.
Gary Moore, Esqulire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
Re: Driving Suspended 2 Weeks After DWI Conviction
Because of case law approving use of the MDT (mobile data terminal) without any suspicion, for random checks, you are in a very difficult situation as far as any defense may go.
While we can examine possibly one line of defense, your best outcome will likely be to consider a plea bargain whereby arrangements can possibly be made concerning a way to serve your sentence and still keep your job. (suspension is a forgone conclusion and so is some jail time, but we may be able to arrange for electronic monitoring or weekends). I handle these matters across the state and offer free consultations by phone or in person. My office is located on Rt. 70 at Covered Bridge Road in Cherry Hill.
Daniel B. Kelley
(856)616-8080
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39:3-66 could u get pulled over just for this Asked 4/06/05, 3:59 pm in United States New Jersey Traffic Law
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