am I in the wrong court/jurisdiction in NJ

[staff101]

NJ, I was pulled over by a NJ State Trooper and taken to the police station. I was charged with dui. in the police report and tickets he stated I was pulled over on a different town that I was pulled over. I was pulled over in Bordentown but my case is in Hamilton township. can hamilton prosecutor prosecute my case? is there a ground for dismissal in this case? can some help?

 

[FlyingRon]

Where you are pulled over is entirely immaterial. It's where he observed you commit the offense.

 

[staff101]

am I in the wrong jurisdiction

he pulled me over in Bordentown performed soberty test. He handcuffed me, took me to the station. don't u think my case should be tried in bordentown?

 

[staff101]

@FlyingRon can u please elaborate? he performed a road test on me where he pulled me over then took me to the station.

 

[justalayman]

Were you in Hamilton township when the cop observed you?

If it makes a big difference to you your attorney can argue you should be tried in Mercer County rather than Burlington County. In the end you will face the laws of New Jersey in a New Jersey court.

And no, the issue is not something that would allow for a dismissal.

 

[staff101]

observed meaning what? he had me get out of the car, walked the line etc in bordentown. then he took me to hamilton station for breath test. the case is in Hamilton. in the ticket he also put the wrong address.

 

[FlyingRon]

No, again NOT where he pulled you over, where he saw you driving. It's not the tests on the side of the road that are the violation, but the fact that you were driving while intoxicated.

You should get a lawyer, guessing at defenses isn't going to work well for you.

 

[staff101]

I have a lawyer but I don't think he is competent.

 

[quincy]

I have a lawyer but I don't think he is competent.

If you do not believe the attorney you have is "competent," you might want to consider getting a different attorney.

Your attorney will look at the stop and the breath test and all other relevant facts and then work with the prosecutor to get you the best outcome possible based on these facts.

Good luck.


Here is a link to New Jersey's DUI laws from the New Jersey Motor Vehicle Commission: http://www.state.nj.us/mvc/Violations/dui.htm