Charged with DWI in NJ..I have to move to other state

[needhelpfordwi]

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

I have been charged with DWI NJ. I have my 1st court Date appearance in mid-January.
I have appointed a private attorney for me.

1) I have been asked to relocate to other state in US by end of January. Can I move out of New Jersey?

2) How many personal court appearance are needed?
I can manage to attend 1 session in court.
3) What would happen if I am not able to make court appearance since I am out of state?

Appreciate all your answers

 

[sandyclaus]

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

I have been charged with DWI NJ. I have my 1st court Date appearance in mid-January.
I have appointed a private attorney for me.

1) I have been asked to relocate to other state in US by end of January. Can I move out of New Jersey?

2) How many personal court appearance are needed?
I can manage to attend 1 session in court.
3) What would happen if I am not able to make court appearance since I am out of state?

Appreciate all your answers

These are actually questions you should be asking your own attorney.

In general, you should be able to move out of state unless the court requires you to remain in NJ.

As far as how many personal appearances, your attorney can better advise you, but if you are required to appear, you are going to have to make the time and effort to be there or face the consequences of not showing up in court.

If your appearance is required, then knowing so in advance means that there should be no excuse for not being there - especially not being out of state. If the court orders it, you do it - or face the very real possibility of being brought back to NJ involuntarily to see the judge, and maybe being forced to stay there as a guest of the state until your case is disposed of.

 

[needhelpfordwi]

Thanks very much for the reply.

In case i am not able to appear in the court due to the distance issue, would there be anything like appearance to the court online
or
the attorney filing hardships for me to attend due to distance.

I know this question is not good..but i am very much tensed about it.

This is my 1st DWI ever and I dont have any prior DWI records.
I have already taken the Drug Assessment, Drug counselling and started to attend AA session. All this has been done before my First court date.

Appreciate all your help.

 

[HighwayMan]

These are questions for YOUR ATTORNEY.

No one here can predict what will happen to you or what a judge will or won't require of you.

 

[needhelpfordwi]

Thanks very much..appreciate you answer.

I would like to know (if possible) has there been a case where judgement has been made without the defendant being present in the court in Person.

Sorry again if this needs to be asked to my attorney.

 

[dave33]

Thanks very much..appreciate you answer.

I would like to know (if possible) has there been a case where judgement has been made without the defendant being present in the court in Person.

Sorry again if this needs to be asked to my attorney.

You will need to appear in court until the issue is resolved or a warrant will be issued.

 

[sandyclaus]

Again, if the court orders you to appear, being out of state won't be an excuse - especially if you already know you have to be here.

Really - with all of the effort you are putting into planning NOT to be there and asking what happens when you aren't, you should be making equal or better effort to BE in court when required.

 

[needhelpfordwi]

I personally feel Pleading Guilty would be a better option.

I have an accident and BAC was 0.28.
But at the same time i have taken effort from my side by Alcohol Assesement, Alcohol counselling and Attending AA sessions.

The judge would sentence me with Suspension and Fines. I dont think there would be any jail sentence.

By this I can move to other state and pay fines as and when required.

 

[FlyingRon]

You will have to spend two consecutive six hour days in an alcohol class in lieu of actually going to jail. You will lose your license for at least seven months plus you'll need an interlock after that. There will be insurance surcharges if you remain an NJ driver of $1000 a year, over and above the $400+costs you'll owe to the court immediately.
Note that you may find it difficult or impossible to get a license in another state while ineligible in NJ. No hardship licenses in NJ either.

I'd at least consult with a lawyer.

.28 man? You may need more help than AA is going to provide.

 

[HighwayMan]

The judge would sentence me with Suspension and Fines. I dont think there would be any jail sentence.

Is this what your attorney told you? If not, then how do you know?

 

[FlyingRon]

There's no discretion here. There's a 12 hour MANDATORY MINIMUM sentence that they'll let you do with the afore mentioned two day class. You need to plan to return to NJ not only for the trial but to complete your sentence.

 

[needhelpfordwi]

Is 12 Hour Mandatory in JAIL?

 

[needhelpfordwi]

Also under what circumstance can a lawyer get me Waiver from attending court? and in what stages of the case?

 

[FlyingRon]

The 12 hour is mandatory in jail EXCEPT they'll let you substitute two six hour periods on consecutive days in the alcohol class instead.
Face it dude, you committed A CRIME. You will have to go back to both court and to face your sentence. You can't do jail by mail.

 

[zxx]

Wow... NJ is lenient on DWI, isn't it? AZ requires a mandatory 45 day jail term for a BAC over 0.20, even for a first time. Judge cannot waive it and you cannot substitute it with classes or anything. In Virginia anything over an 0.20 is a mandatory 10 days.

I received my first (and only) DUI in Virginia for an 0.064 and moved out of state before the court date for work. I had to fly back to court; there were no other options offered, period. In addition to this, I had to pay for Virginia's DUI classes to satisfy the judgement, and all their class did was send me to a DUI class in my home state, which I had to pay in full as well.

If you move before your court date, you should be able to get a license in your new state since you haven't been convicted yet. If/when your old state notifies your new state of the conviction, you may lose your license there.

As I have learned here and through other sources, you will need to have your NJ license reinstated at some point, or else your new license won't be any good either (the state will suspend it when they learn of the original suspension). That means jumping through whatever hoops NJ gives you.

I was required to appear in court twice -- once at my "how do you plead" hearing and once at my actual trial with my lawyer. However, I had to appear in between those two cases as well, as my warrant specifically stated that I could not leave the state. I had to have a bond modification hearing to allow me to leave (to move). They did not want to modify my bond without knowing what my new address would be, so if you have to do that, be prepared with that information.

In addition, based on what I'm reading, typically NJ can set up to 30 days jail time for a first offense and the judge can waive whatever he wants as a probationary "don't do anything bad" period. With a BAC that high, I honestly would not be surprised if you are required to do at least some jail time. You say there was an accident involved which makes it that much worse based on everything I see in my search.

Good luck.