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  #1  
Old 04-14-2008, 03:20 PM
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Join Date: Feb 2008
Posts: 23

DUI in AZ, NJ Driver's License impacted?


What is the name of your state? NJ
My boyfriend got a DUI in Arizona. Last week, his case went to court and he has just learned his fate: 90 days loss of license, 1 day in jail, attend an Intoxicated Driver Program, and use an alcohol detection device when he resumes driving.
All pretty standard and pretty much what the cops told him to expect for a first offense.

His 90-day suspension begins in AZ as of today. His laywer told him his license is only suspended in AZ, and he 'doesn't know' how or when the system will catch up and my BF will lose his NJ privileges. My BF doesn't even know if he can legally drive in NJ; or whether his suspension here will be concurrent with the one in AZ. Also, can he serve his jail term and also attend the IDP here in NJ? What if he has more than one car, does he need the detection device on both?

After paying thousands for what feels like apathetic representation in AZ, it looks like my BF will now have the financial hardship of hiring an attorney here in NJ just to get answers to these simple questions. He expected his AZ attorney to provide answers to all these questions, but the guy just says "Hey, I don't practice in NJ and I don't know their laws". I hate to say it, but he is exactly the kind of guy who give the other 98% of attorneys a bad name.

So, if anyone out there knows how this things work, particularly regarding NJ DMV, could you please help shed some light? I would really, really appreciate any guidance you can give us.

Thank you!!!
  #2  
Old 04-14-2008, 06:13 PM
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Join Date: Feb 2007
Posts: 8,270
Right how he can't drive in AZ. Eventually NJ will hear and suspend his license there. When he deals with reinstating himself in AZ, then NJ will let him reinstate there.

Getting a DUI out of state is a bitch. The other thing that you trip over is that it's near impossible to get a hardship/restricted license out of state.
  #3  
Old 04-15-2008, 08:56 AM
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Join Date: Feb 2008
Posts: 23
Thanks FlyingRon. When you said "NJ will then let him reinstate here" are you saying that he will not have a 90-day clock ticking separately from the one in AZ? So hypothetically, if he gets his license back in AZ 40 days after he loses his NJ privileges, can he reinstate in NJ on day 41? Also, do you know about serving out his other penalties here vs. AZ?
Thanks again!
  #4  
Old 04-15-2008, 01:01 PM
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Join Date: Feb 2007
Posts: 8,270
There shouldn't be any "clock" at all in NJ. They'll just suspend him and not allow reinstatement until he reinstates in AZ.
  #5  
Old 04-18-2008, 01:15 PM
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Join Date: Feb 2008
Posts: 23

Need More Info Please!!


Can someone else please answer a simple question for me? I just need to know how the transfer of info (and subsequent suspension of license) is handled from state to state? If the suspension took effect on 15 April in AZ, does it also take effect on 15 April in NJ? I'm still confused by the phrase "when NJ finds out". How does the suspension work in NJ, are you suspended for the same 90 days here as you are there?
Thanks to anyone who can shed some light!
TGIF
  #6  
Old 04-18-2008, 02:15 PM
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Join Date: Jan 2005
Location: North Florida
Posts: 1,625

BigMistakeFl


From the Driver License Compact:

"2.4.2. Timeliness
Each jurisdiction shall report each conviction to the home jurisdiction of the licensee
within fifteen days after receiving a report of the conviction from a court."
__________________
"I only had a couple of drinks..... there's no way I was impaired!."
  #7  
Old 04-18-2008, 03:23 PM
Junior Member
 
Join Date: Feb 2008
Posts: 23
Thanks for your reply. Maybe I'm just distracted by the (finally) beautiful weather and the fact that it's Friday, but there's one thing I still don't get: When NJ gets their notice within 15 days, are you suspended in NJ for the same 90 days you are in AZ, or does your 90-day suspension in NJ start the day they receive their notice from AZ??

What I'm asking is: if AZ court was last week and NJ doesn't know about it yet, are you still legal to drive in NJ? What would happen if you get pulled over today?

Also, do you know whether the jail term and the DUI program can be attended in NJ vs. AZ?

Thanks again, sorry to seem so dense (but it really is NICE out!).
  #8  
Old 04-19-2008, 08:26 AM
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Join Date: Feb 2007
Posts: 8,270
He's ok to drive in NJ until they suspend him. He should make sure that he finds out about it (i.e., that he has his proper contact address on file with the DMV) lest he ends up driving on a suspension he didn't hear about.

I would suspect that he will have to serve everything in AZ. If he were on probation they may allow him to either report by telephone or transfer his case to a NJ probation office, but the other stuff states are usually pretty finicky about.
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