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  #1  
Old 01-29-2005, 11:56 AM
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First Offence DUI in NJ - Need advice


What is the name of your state?What is the name of your state?What is the name of your state? NJ / PA

I have a PA driver's license. I was charged with DUI (BAC 50% over the legal limit .12) in NJ. The officer also charged me with careless driving and failure to maintain lane. I pled not guilty to all based on advice from the municipal court clerks who mentioned that this would allow me to meet with the officer and procecutor on the court appointed date before I met the judge. They suggested I could use this time to request a lower sentence and/or dismissal of the additional tkts (Non-DUI) for a Guilty DUI plea. I have not hired any lawyer.

I would appreciate some adivce if I did the right thing and what would be the repercussions on my PA driving licence.

Is it true that a first offence DUI is not considered a crime in NJ ? If so what would appear on my PA driving record ?

Thanks in advance.
  #2  
Old 01-29-2005, 02:32 PM
seniorjudge
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Quote:
Originally Posted by SamPA
What is the name of your state?What is the name of your state?What is the name of your state? NJ / PA

I have a PA driver's license. I was charged with DUI (BAC 50% over the legal limit .12) in NJ. The officer also charged me with careless driving and failure to maintain lane. I pled not guilty to all based on advice from the municipal court clerks who mentioned that this would allow me to meet with the officer and procecutor on the court appointed date before I met the judge. They suggested I could use this time to request a lower sentence and/or dismissal of the additional tkts (Non-DUI) for a Guilty DUI plea. I have not hired any lawyer.

I would appreciate some adivce if I did the right thing and what would be the repercussions on my PA driving licence.

Is it true that a first offence DUI is not considered a crime in NJ ? If so what would appear on my PA driving record ?

Thanks in advance.

This question has been asked and answered about 12K times on this forum.

Do some searching and come back and tell us what you found.
  #3  
Old 01-29-2005, 02:43 PM
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I did browse the forum for the past few hours and found related answers to the question about how the NJ DUI conviction may affect my PA license.

But did not find any information on whether I did the right thing to plead not guilty and try to negotiate a lighter sentence / consolidation of tkts (without an attorney) by myself on the set court date. Would appreciate some advice on this issue.
  #4  
Old 01-29-2005, 02:56 PM
seniorjudge
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Yes, try for a lighter sentence. Be nice. Go to AA.
  #5  
Old 04-02-2005, 03:09 PM
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Outcome


For those who may find themselves in a similar situation, attached below is the outcome of my first DUI (.12 bac). Occured in NJ with a PA licence:

- On receiveing the 4 related summons I called the court clerk and pled NOT guilty

- Read the applicable laws on the matter before speaking to a lawyer. The DMV sites were most useful. The two lawyers I spoke to over the phone were not.

- Received a date to appear in court

- Decided not to hire a lawyer at that point in time for the following reasons:
- I was guilty
- The courts had ample proof
- This for my first dui
- For dui offecnes there is no trial by jury in NJ
- There are mandatory fines / sentences for dui offences in NJ
- No lawyer would be able to help me with the consequences under the DLC in PA where I live and work

- On the court appointed date I requested the Asst. DA to merge the additional summons (1 for careless driving + 1 for changing lanes + 1 for not providing registration papers at the time of the incident)

- The Asst. DA obliged and merged all summons (tkts) into the 1 dui tkt

- I pled guilty to the dui tkt

- Went in front of the judge who first adviced me to get a lawyer. I told him that I pled guilty and was ready to face the conseqences.

- He pronounced the sentence as follows:
- 7 month driving suspension in NJ
- $669 in fines
- 12 hours of Highway safety school costing $250
- $100 in licence restoration to be paid to NJ DMV

- Did not have to pay the $3000 (over 3 years) NJ DMV surcharge since I was out-of-state.

- Got a letter from PENNDot (60 days after the court date) stating that they had received my dui convition from NJ which would go on my driving record

- No suspension was imposed on my PA driver's licence since it was my first DUI and it was out of state

- It's over ! Will never drink and drive again !
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