Licensed New Jersey Driver charged with D.U.I. in different state

[Jeremy P.]

What is the name of your state (only U.S. law)? New Jersey
I am from New Jersey and charged with DUI in PA, does the state of PA prosecute me from the criminal aspect and insurance aspect or would they take the criminal penalties and leave the insurance penalties for the state of NJ? Or would everything be handled by the state I am licensed in?....Any information will help.

 

[irish77]

What is the name of your state (only U.S. law)? New Jersey
I am from New Jersey and charged with DUI in PA, does the state of PA prosecute me from the criminal aspect and insurance aspect or would they take the criminal penalties and leave the insurance penalties for the state of NJ? Or would everything be handled by the state I am licensed in?....Any information will help.

Beings as I went through this less than 24 hours ago, I will give you what I know. The state who charged you will apply and convict (if guilty) there punishments (mins/maxs) the way they see fit. For me, I got a DUI in NJ and I'm from PA. NJ considered me a first-timer and gave me the applicable min punishment for my BAC and DWI.

In PA, PennDot will apply their punishment as they see fit and as it applies to my driving record. As it stands, I was in ARD in 2000 and this could be a 0-12 month suspension and ignition interlocking device.

 

[paguy88]

What is the name of your state (only U.S. law)? New Jersey
I am from New Jersey and charged with DUI in PA, does the state of PA prosecute me from the criminal aspect and insurance aspect or would they take the criminal penalties and leave the insurance penalties for the state of NJ? Or would everything be handled by the state I am licensed in?....Any information will help.

if you have no criminal history in the past 10 years...

ARD is the BEST way to make this go away and walk away with a full expungement of your criminal record.

if you have other DUi/Criminal activity...

you are going to have to defend the charges.

 

[irish77]

hey paguy, how do you think my thing turned out?

 

[fatamerican]

jeremy,
you should seriously consider getting a PA lawyer. Unless you can be sure you can win, take ARD if you qualify. Philadelphia has so many 1st offense ARDs they just do an ARD day in court. If your BAC was .10 to .159 you get 6 mos probation, 30 days PA driving suspension. If BAC is .16+, you get 12 mos probation, 60 days PA driving suspension, D&A assessment & counseling. This is an assembly line. If your lawyer says he can get you better than this under ARD in Philly he'd either be dreaming or lying. But assuming this is your 1st offense, you are better off getting pinched in PA than NJ. NJ sucks. If you were arrested in NJ you get automatic 7 mos suspension at a minium with no bread & butter license. What NJ & your insurance does depends on the final disposition of your case.

Irish,
NJ sucks. Always did, always will. Always minimum 7 month suspension. They will hit you up for the annual insurance surcharge too - around $1,000 per year x 3 years. I really think PennDOT should do nothing to you. As part of your ARD, you & the state agreed to a 7 year look back. That makes this another 1st offense. I know the law changed I think in 2004 and the state changed its ARD offer to 10 years but that does not give the state the right to change terms of your prior agreement. I really think it is worth challenging that BS. Good luck.

 

[irish77]

fata, thanks. I really appreciate that...

Hey Fata, I really have to say I agree. I mean, I did my part. I did what ARD asked me to do and they're trying to screw me 8 years after the fact. I am debating about the whole thing. I would really rather appeal it, but I just can't fathom how much something like that would cost. My lawyer said I could appeal it if it goes through. We shall see. I am really praying that it doesn't go through and that I will fall into some "gray area".

 

[AnimeGrl]

Ok what about this situation -

NJ Driver pulled over for DUI in PA, blows a .10 on the PBT, blood results unknown at this moment. Given courtesy ride back to his car to catch a ride home - and then drives home! The arresting officer is aware of this and has evidence to this effect. He has said that the driver's performance on roadside sobriety tests was the "worst he's ever seen," and that the driver may be charged with a second offense for driving home. (FWIW, the driver also drove home drunk from work the next 4 or 5 nights in a row. Lesson not learned, apparently...but the officer does not know that and it will not come into the case).

Can anyone advise me on this one??? Obviously, I am not the driver. The driver is a family member with a history of alcoholism and drunk driving who just finally got caught. I am hoping that this experience and its consequences will get him the help we've all begged him to get for himself, but without ruining his life.

Any thoughts?

Thanks.

 

[I_Got_Banned]

I did what ARD asked me to do and they're trying to screw me 8 years after the fact.

... Of course, you can stop drinking and driving, and nobody would be trying to screw you...

 

[Zigner]

And, of course, you could stop hijacking 3 year old threads.

 

[HighwayMan]

Any thoughts?

Yes. Start your own thread. This one was dead and buried around 3 years ago.