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Post Conviction relief DUI technical mistakes were made...
I have a situation where I have 4 DUIs I'm coming up on the first 10 years passing. But I want to look into post conviction relief. I know there are time limitations but I heard there are ways around that. My question is if there were errors in the paperwork is that enough to overturn a conviction? The 2nd and 3rd offence were heard on the same day and I was convicted that day. ( I was being held on a warrant) The judge had a public defender called in while I waited because he wanted the situation over and done with that day. There was no review of discovery or anything of that nature. Finally, there are mistakes in the sentencing. The sentence for the second offense was assessed for the third offense and vice verse paperwork wise. Does that mean anything? Do I have a leg to stand on?
I'm not clear on what your situation is--is your 4th DWI pending or do you already have 4 and have almost completed...
How do I/should I inform nj of a OUI that I received in MASS
I received an OUI in mass in September. I've already been to court in mass. I lost my license in mass for 45 days. I have since gotten my license back in mass. I live in nj and it is an nj license. Should I tell nj about the offense and if so, how do I tell them?
you really need to consult with an attorney that specializes in DUIs. this is because they are familiar with issue that...
How can I get an ignition interlock removed?
My daughter was convicted of driving under the influence. After 9 months, she was able to get her license back as long as she installed an interlock device on her car. "Her car" is in my name. I agreed to have one installed and to pay for it temporarily as long as she promised to use the car to make an effort to find a job so that she could start paying for the interlock herself. She broke her promise. She made it very clear to me last night that she has no intention of finding work. I don't want to pay for her to have driving privileges if she's not holding up her end of the bargain. How can I go about getting the interlock uninstalled without getting in trouble for tampering with it? Do I need an attorney?
An attorney could help you deal with the ramifications of removing the device. You would need to speak to someone at...
Will it be beneficial to take a driver or owner of vehicle with no insurance that hit my parked car while intoxicated to court?
The driver that hit my parked vehicle was arrested for "driving under the influence" according to the police report and the car has no insurance. I now have to open a claim with my insurance to get my car fixed, which costs me paying the deductible. I would like to know if it is worth taking him to court for these expenses?
You could sue the driver in small claims court. If you are successful then you have to determine if you would be able...
Are there any penalties (aside from arrest) for refusing to take the roadside preliminary breath and field sobriety tests?
I live in New Jersey and this is a hypothetical question. I am asking if there are penalties if, after being pulled over by an officer who suspects that I am driving while intoxicated, I refuse to take the *roadside* preliminary breath and field sobriety tests. I understand that you are required to take the test on the machine at the police station. I need to know what happens, aside from most likely being arrested, if I say "I will not take the PBT or FST but will comply by blowing into the stationary machine at the precinct or give a blood sample." I know about implied consent, but most resources are unclear and do not distinguish between the roadside preliminary breath test and the breathalyzer at the police station. Thanks!
The worst that can happen when refusing to take standardized field sobriety tests is that it can be used to infer...
DWI: Voluntarily Surrender of License in Irvington, NJ
Long story short. I have a DWI hearing on 8/18. I will be found guilty and have my license suspended (I'm 28 y/o with a prior). I need a photo ID for work, and I cannot get a passport in time by 8/17 (trust me, I've checked). I cannot risk NOT having a photo ID. The quickest way to get one is to get a state non-drivers ID. To get a state ID, I must surrender my drivers license (NJ doesn't allow you to have both a drivers license and state ID). Question - does voluntarily surrendering my drivers license cause me downstream issues with getting it back once my DWI suspension is over? I'm not looking to get out of suspension. I'm not looking to have this "count" towards my suspension. I just need to know if me surrendering it voluntarily will cause me a problem once my suspension ends
Generally, surrendering your license doesn't have any affect on your drivers license, but speak to a licensed NJ...
I live in nj I was mandated to have a interlocked device in my for 1 year. Is there a way I can get this overturned by the court
I need help I had three devices sent to me within a month because it was defected. I need to know how I can get away from this company without being penalized, and I have asthma its so hard to blow in that device. I don't drink and the machine keep failing me. then 5 minutes later it passes me. but the company charges every time the machine gives a test fail response. what can I do this machine is set up for people to fail, for no reason at all. this was my 1st offense and will never happen again. but I cant continue with this machine or the company
This is a new issue to my knowledge. This was ordered by the court. So a motion for relief could be filed with that...
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