DUI and Refusal in NJ - Please help

[lookingforhelp1]

What is the name of your state? NJ & CT

I have posted on this message board about my DUI. Just to remind the scenario…I received a DUI and refusal to submit breath test in NJ. I hired an experienced lawyer. After 4 visits to court and looking at discovery, video tape and an expert’s reports, there were a lot of issues with the refusal to submit breath test. It could not have been proven beyond the reasonable doubt by prosecutor. In video tape, police caught another car waving all over the road and let him go and came after me. There was no traffic violation / probable cause for my stop. So my lawyer filed motion of suppression. In my last visit to court, Judge, prosecutor and my lawyer had a conference where the judge gave the following plea bargain because of issues involved in my case : -

“ I plea guilty for refusal to submit breath test and DUI charges will be dismissed.” Or I go for a trial and try to win the case. I had driver’s license from New Jersey but I moved to Connecticut before even I got my DUI. At that time I was afraid to get CT license after this pending DUI in NJ but the lawyer told that it is legal and I am obliged to get CT license if I stay there for more than 30 days. So finally I got the CT driver’s license 2 weeks ago (I got my DUI 2 & ½ months ago). They ran a check on me and everything came clear. My lawyer says that he contacted DMV and if DUI is dismissed, they will not report the refusal to take breath test to Connecticut. Is this true? NJ and CT are compact members but will “refusal to blow” suspend my CT driver’s license? I have a clean CT driver’s license. Can I drive everywhere except NJ? Is it better to take plea on refusal than DUI? Could anyone give some advice and/or share your personal experience or guidance...Thanks a lot…

 

[lookingforhelp1]

Anyone with experience or advice please reply

 

[Jason Anderson]

That's a very interesting scenario.

I'm just curious though. Since you hired a lawyer and he advised you that CT would not suspend your licence...what's with the post here? Are you just looking for a second opinion?

I'm also a little confused. You said that you got your DUI 2 1/2 months ago. Then you also say that you are considering a plea bargain to just accept the refusal to blow. Have you already been conviceted of an alcohol related offense from this incident? I'm confused.

 

[lookingforhelp1]

Thanks for the reply. You are correct that I am looking for second opinion and if someone else with the same experience or knowledge in such matter. To clear things up…I received DUI and Refusal (2 tickets) in last week of October 2006. Since then there were total of 4 court visits in regards with this case. Looking at case matters, I did not refuse to blow but the new Alco test equipment did not record any BAC when I blew into the machine. There were many issues with the refusal and legitimate stop by the cop. So after discussing all the matters with prosecutor, he suggested a conference with Judge in last visit to court. In the conference, after looking at issues Judge advised that because of involved issues in case, he will dismiss the DUI charges if I plea for the refusal. Now at that time I had New Jersey driver’s license so my lawyer asked for some time to review the case and other details and went for adjunment which would also give me time to get Connecticut driver’s license as I live in CT. My DUI case is running but my driving rights are not suspended yet.

The very next day I went to local DMV in Connecticut and got Connecticut driver’s license. They checked all my records and it came clear.

Now in my next visit to court I have 2 options….I take the plea bargain offered by the Judge or I go for a trial. Please share your experience / knowledge…is it a good bargain (DUI dismissal and plea on refusal) ? Any advice will be greatly appreciated…Thanks a lot…

 

[seniorjudge]

...I did not refuse to blow but the new Alco test equipment did not record any BAC when I blew into the machine....

Failure to provide a sufficient breath sample is a refusal.

 

[lookingforhelp1]

Thanks for the reply Senior Judge. I agree with you. Would you please share any advice or experience in this case matter? Thanks again

 

[seniorjudge]

Thanks for the reply Senior Judge. I agree with you. Would you please share any advice or experience in this case matter? Thanks again

If it were me, I would take the refusal and get the drunk driving charge dismissed.

You will not be allowed to drive anywhere but maybe you could get a hardship permit.

 

[lookingforhelp1]

Thanks a lot for your advice. Do you think that my Connecticut driver’s license will also be suspended once I plea guilty for the refusal?

 

[seniorjudge]

Thanks a lot for your advice. Do you think that my Connecticut driver’s license will also be suspended once I plea guilty for the refusal?

I repeat:

...You will not be allowed to drive anywhere but maybe you could get a hardship permit....

 

[lookingforhelp1]

Thank you for your reply. One more question if I may ask you…. Will this refusal stay on my driving records for the rest of my life? Is there any “year” limit…for how many years it will be on record?

 

[traumatizedbad]

think about it

I just tried to reply to your post. I live in VA and got a DWI and refusal. My lawyer (not very good, just wanted to plea) suggested that although my dui could have been fought, I would have the refusal (no license whatsoever, at least in the state of VA, no restricted license). I went and pleaded no contest to the dui (I am still sorry for that because I don't think I should have been convicted). I refused to blow cause I got scared after all the field tests, and panic and did not know refusing was such a big deal. Anyhow, if you think you can deal with not driving for a year by asking friends and family to drive you around, then go for the refusal conviction. If you need a license for work, then the dui will give you restricted driving in VA


I whish you luck,

 

[lookingforhelp1]

Thank you for the reply. This is the reason I wanted to know if refusal is not such a bad thing to have on record than DUI…because for refusal there is 7 months suspension and for DUI only 3 months suspension.