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I've found an interesting question that's been on my mind recently. Hypothetically speaking..... If you smell like weed and get pulled over by the officer, can you get arrested/charged or will you be let go? In other words.... is it legal or illegal to "smell" like marijuana? Note: In this situation, let's just say there's NO actual substances on you or in your car... the only thing is the odor from you. What if you admit to smoking it (hypothetically speaking) to explain the smell? If you admit to smoking it, smell like it, but have absolutely no marijuana on you.... can you be charged/arrested?
No, smelling like marijuana is not illegal, though it may be unpleasant for those around you. If no physical marijuana...
What is the name of your state (only U.S. law)? New Jersey I have been charged with Driving while suspended for the second time after a DUI. This incident occurred while I was working and my company's van broke down and I left it on the side of the road while I went searching for a phone. Upon my return (less than 4hrs, with valid registration plates) my van was being towed by a tow truck with the cops there. The cop asked me for my license and I explained him the situation and told him I left it at the apartment complex I was working in. He then pulled up my info via my name and date of birth and I had a warrant for my arrest for failure to pay a citation 4yrs ago. I was charged with: 1. unlawful vehicle abadonment 2. Driving while suspended during DWI period 3. failure to exhibit D.L. 4. Obstruction of traffic My license was suspended prior and during my arrest for the DUI back in oct 2011. In addition, my license was suspended due to failure appear on march2012 at a different court. Why did they charge me for driving with a suspended license for the second time during a period of DUI when it only happened after this incident? Secondly, can I fight the driving while suspended since I wasn't officially driving? If you guys can point to more statues that clearly define "driving" since the officer did not see me operate the vehicle, it's his words against mine and those are not good odds. Private attorneys are expensive and I want to dig up as much info including foi, police reports and etc.... prior to hiring one. thanks
At no point in that long question did you say that you were not driving the van. If you drove the van to the place...
I got suspened in Ny for six months why did jersey susoend me for ten?Is thete a way to reduce the suspension?
10 seems like an odd number. WIthout knowing exactly what you plead guilty to in NYS, which has different DWI/DUI laws...
I had a dui in NJ in 2004. the case was closed and subsequently in 2006 I was convicted of DUI in PA. This one was considered 2 nd offense and I received tough punishment including 30 days weekend incarceration. i have served all court mandated stipulations and compleetd my probation successfully. I also know that my PA DUI conviction cannot be expunged because i pleaded guilty. I am applying for a senior level job where i have to answer yes to criminal record unless the case has been sealed or expunged. i am already aware its not expunged and will not be legible for expungement in future. my question is wether the case has been automatically "sealed" in technical terms or it is not? Can it ever be sealed? if yes then how and when?
Please note that I am only licensed to practice in New Jersey and not Pennsylvania. In New Jersey, your DWI...
I received a DUI and have hired an attorney already but am concerned about his competence. We have had the court date pushed back 4 times (from jan to April) because he says he has higher priority cases. Is the delay good? Bad? Will it work for me or against me? Date of incident is 12/24/12. Originally I was charged with a DUI only but now my lawyer told me they are charging me with a DUI in a school zone (he told me that in the beg. of jan) but all mail I get from the court still says violations 39:4-50, 39:4-97, 39:4-88B. How do I determine if what he's saying is correct? All answers are greatly appreciated.
Feel free to call us if you want a referral for a GREAT NJ DWI lawyer! 1-877-996-6849
who's car would it be placed on? I rarely drive (once every two or three months). I live with my parents but they don't ever let me drive their car. Even when I got a DUI it was while driving a friends car. I have no primary car that I drive. Will the court force this device on my parents? I plan to move out of state in a few months, will they still have to keep the device? What if I surrender my NJDL? What if I get a NYDL instead? What if I surrender my license entirely prior to conviction? (Hopefully I'll find competent counsel and will have the DUI charges against me dropped)
I do not believe the MVC will restore your license without an interlock receipt. How that plays out with an NY license...
I had some misdemeanors, marijuana possessions, open bottle and one DUI. Is there a way to clear all this?.
A DUI is not expungable, it is a traffic offense. You can expunge up to two (2) disorderly persons offenses (...