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3rd dwi charge in nj

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snoon032770

Junior Member
What is the name of your state? New Jersey

I really need some advice pleae. My son had been arrested in 1990 for dwi. He paid the fines and did the school and then I believe he had to pay a much higher fee to get his license back.

He did very good, working 2 jobs and staying out of trouble until the year 2001, I believe. I am not making an excuse by any means that someone should ever get behind of the wheel with aany amount of beer in them however after the mother of his daughter threw him out of the house of course he goes to the bar and have his beer. This was his second offense.When he went to court for the dwi charge it was charges as a first offence. I did not understand why ir was charges as a first offense until i read your very clean definition of the law, which I believe stated if your second dwi happens 10 years after your first dwi, you will only be charged for the offense as the foirt dwi. I guess by this point you can tell I'm the ashamed mom.

I wish I could say this was the end but unfortunately it's not. My son is in the painters union and they go to school in Neptune every monday. The class ends apprx 8PM. The guy then go for a bite to eat and I'm sure a beer or two and then proceed home to get ready for work tomorrow. As my son exited this unfamiliar area, he was stopped by a police officer, I can not be sure ofd this at this time however I believe he told me he made an illegal turn to the left.The police asked for his license and registration and I guess when they rean it they shopw the prior conviction.

I was with my son for the second offense and he was advised not to offer to take the breathe test and so he didn't. BIG MISTAKE from what I'm reading here.

He went to court in Neptune today and a lady judge postponed the case and told him that he must retain a lawyer and that he is being charged with a third offense.i spoke to him on the phone and I know my son. He was definitely not drunk the night he was pulled over.

Him and his wife have 2 beautiful children and of course no financial assests.

can you advise me what would be the difference if he got a public defender as opposed to a laywer, if you know?

I thank you in advance for any recommendation you could give to me to help my son. This happened in Neptune, NJ

Thank you again and happy new year!
 


A

Alchohol_Free

Member
Sorry To Hear About This

Usually, it's a mistake to refuse the breath test. The courts take that as an admission of guilt. The advantage, though, is that the DMV does not have a BAC reading to impose a high level of license suspension. Most State DUI laws have a mandatory suspension for refusal of a breath test. But, since this is 3rd offense, the mandatory suspension for refusal is less than what would happen if he had taken the test.

However, now the courts are pissed because they have no evidence. Implied consent law basically says, "If you've been drinking, you should play the role of a bad guy and let us destroy you and your family". So, they will find some way to hammer your son. Most likely, they'll use the police officers testimony to get a conviction.

Let's talk attorneys. Keep in mind, I have 2 DUI's and am very familiar with the process.

A public defender will do nothing. Don't even go there.

LISTEN TO ME CAREFULLY

DO NOT hire ANY attorney that claims to "specialize" in "DUI defense". The best defense attorneys do not need to advertise or claim anything. Their reputations are built on word-of-mouth and the RESULTS they get in court.

Call the local state certified DUI treatment center in your area, and talk to the treatment director. You can call the DMV to find out who the certified treatment centers are in your area. The treatment directors should be well versed in who the best attorneys are for your son's situation. Once you get that information, talk to MORE THAN ONE attorney, and DO NOT tell them "who have you talk to" or what another attorney has said. Get an independent consultation that is not influenced by anything another attorney has said. Remember, attorneys operate in a "good ole boys network". They won't step on another attorney's toes.

I hope this helps you and your son. Good luck.
 
S

snoon032770

Junior Member
Thank you very much for your reply

I sincerely wish to thank you for replying tomy questions. I would first like to wish you and your family a very Happy and Safe New Year.

If I may impose of your knowledge one more time may I ask you onemore question, please.

This happened in Neptune, NJ. Would you know of an atttorney that I coud contact,mmI live in Harrrison, NJ and unfortunately belive the bs that some attorneys will promise me. Also if you know, I read on the web, that you cannot refuse the breathe test in Nj so why wasn't he manditorily made to conform to the law. I know I'm the Mom but I feel as Is stated if he had taken the test after 2 beers he wold have passed it. I checked further into this and I found that I need to know the reason he was stopped, what summons he was isssued and that you may be able to challenge an old conviction.

I'm sorrry to bother you again after you were so nice to respone to my question. But I'm a single Mom and have a 16year old daughter that goes to private high school to the tune of $7500.00 a year tuituion. I work two jobs and even thoguh my son is 34 he's still my son.

If you can suggest someone in Monmouth County, whicH i believe is where Neptune is I would truly appreciate your recommendation.

Again, I thank you very much for your reply and if you can't help me any further at least you sterred me in the right direction.

Good luck to you and thank you again!

Sincerely,

Susan
 
A

Alchohol_Free

Member
Reply

I live on the West Coast. Wouldn't have any idea who to contact in the county the DUI happened.

The best you can do is call DMV and get the local STATE CERTIFIED DUI treatment offices in your area. The treatment director should be able to advise you on the best attorney's to contact.

Also, I would get your son checked in to a STATE CERTIFIED treament program ASAP. I will help in court to show he's taken some initiative and ownership. That give your attorney some ammo for negotiating the sentencing.
 
S

snoon032770

Junior Member
dwi in nj

new jersey

Thank you very much happy trials.

I am checking the link you sent me now. I truly appreciate you taking the time to respond to my heartache.

Best of luck to you and your family for the New Year!

Thanks again
 
S

snoon032770

Junior Member
nj dwi

thank you very much snostar

I really appreciate all the help I am receiving from this site.

Thanks again!
 
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