Legal Question in Traffic Law in New Jersey

I was picked up in a parking lot passed out, yes I had been drinking. The officer asked why? I told him I didn't feel like living. Long story short no field tests were giving, they said I wasn't under arrest and they but me in the back of there car. They then drove to the hospital. The officers left and the next day I went to get help. I found out they officers had my car towed and I now have to go get it. My question is can I still be arrested for DWI or DUI now even though I wasn't that night?


Asked on 4/19/11, 7:31 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Questions which use the word "can" are usually answered in the affirmative. It seems unlikely.

You'll just have to wait and see.

Call me if you like.

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Answered on 4/19/11, 7:51 pm
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Potentially, you could be charged with DWI after the fact, did the Officer request that the Hospital take your Blood. If you were passed out and could not stand, the Officer may have believed that you were unable to submit to field sobriety tests. Question is does the Officer think that you were driving the car that night? just as Mr. Moore said, you will have to wait and see if they decide to issue you a summions based on the belief that you were operating a motor vehicle that evening just prior to when he found you. There is also a lot of information that you have left out. feel free to call with any questions should you receive a summons (201)-894-9498, hopefully, maybe you will not be charged with anything.

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Answered on 4/21/11, 6:36 am


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