Charged with 2nd driving while suspended w/DUI

[ithinkitsok]

What is the name of your state (only U.S. law)?

 

[ithinkitsok]

What is the name of your state (only U.S. law)?

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

 

[HighwayMan]

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?

You don't seem to explain yourself very well so I won't even guess.

What do you mean it was suspended prior and DURING your arrest? I'm not even going to attempt to figure out what you mean. While we're at it provide the laws you were charged with, meaning the actual statute numbers.

Secondly, can I fight the driving while suspended since I wasn't officially driving? If you guys can point to more statues (sic) 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.

I don't think you will have much luck with the "Mr. Scott beamed my van down from the starship Enterprise" defense. Obviously you knew your license was suspended and you drove anyway.

Private attorneys are expensive...

With good reason. They know what they are doing and can help you in meaningful ways. I would say you are in WAY over your head here if you think you can defend yourself.

 

[ithinkitsok]

statue 39:4-67
statue 39:4-56.16
statue 39:3-40
stuatue 39:3-29

When I was arrested for the DUI my license was suspended. My understanding is that being caught driving while suspended twice during a DUI period carries heavier penalties.

In reality, I was never pulled over after my dui until this incident.

I was asking if there was a way to beat the driving while suspended since I was not operating the vehicle. A yes or no with an explanation will suffice

In addition the minimum sentence is 10days in jail for driving while suspended resulting by a DWI, is there any way a competent attorney can convince the court for home confiment.

Im merely trying to get as much info prior to hiring an attorney, that will help me distinguish between a lawyer who just fights for the bear minimum or one that can actually diminished several of these citations.

 

[dave33]

statue 39:4-67
statue 39:4-56.16
statue 39:3-40
stuatue 39:3-29

When I was arrested for the DUI my license was suspended. My understanding is that being caught driving while suspended twice during a DUI period carries heavier penalties.

In reality, I was never pulled over after my dui until this incident.

I was asking if there was a way to beat the driving while suspended since I was not operating the vehicle. A yes or no with an explanation will suffice

In addition the minimum sentence is 10days in jail for driving while suspended resulting by a DWI, is there any way a competent attorney can convince the court for home confiment.

Im merely trying to get as much info prior to hiring an attorney, that will help me distinguish between a lawyer who just fights for the bear minimum or one that can actually diminished several of these citations.

If you got charged for driving while suspended for the 2nd time, but it was only the 1st, than a mistake was made. You must mention this to your lawyer and get this fixed.
As far as beating the charge because you were not seen operating the vehicle, you will need to discuss this with your attorney. Did you confess to the police?
A competent att5orney should be able to fight for home confinement as long as there is no particular statute that prohibits this in this situation.
It is certainly within the realm of possibility for your attorney to fight to"diminish" or dismiss some charges. This usually happens during a plea agreement.
goodluck.

 

[HighwayMan]

I was asking if there was a way to beat the driving while suspended since I was not operating the vehicle.

You said you WERE operating the vehicle. If it wasn't you who was it?