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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 24914
Experience:  10+ years defending Misdemeanor and Felony cases.
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Jersey DUI, likely 3rd offense each about 7 years apart.

Customer Question

For New Jersey DUI , likely 3rd offense each about 7 years apart. Sentencing imminent for incident over 1 year ago. "defendant" has limited English, medical conditions including hypertension, possible glaucoma.
Particulars are that she was with acquaintance and had 2 drinks before driving home. Had urgent need to get to bathroom not far from home when she was pulled over for taillight and other traffic violation(s). Not allowed to get to bathroom therefore could no longer hold. Performed field sobriety test, handcuffed, verbally abused and held at station. Unable to understand consequences due to limited English and disallowed use of reading glasses. No breathalyser except at other location. Accused of refusal. Retained lawyer but running out of money. Sentencing imminent. Please advise what can she do now ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good afternoon. I certainly understand your concern. Can you please clarify for me exactly what your question is?

Customer: replied 1 year ago.
What further recourse does she have to avoid conviction and jail time given that she has no more financial resources and is essentially not guilty ?
Expert:  CrimDefense replied 1 year ago.

Thank you for the additional information. If she can no longer afford to retain private counsel and wants to fight this and not take a plea deal, the attorney can withdraw from the case and see can ask to be appointed the public defender. She has no legal obligation to take a plea deal if she thinks she is innocent and has every legal right to fight this and make the State prove the charges against her, beyond a reasonable doubt. It is not uncommon for a Defendant to retain private counsel and then be in a position whereby they can no longer afford them. When this is the case, the public defendant can step in and take over, so the case can go to trial.

Customer: replied 1 year ago.
It is my understanding that in New Jersey there is no plea allowed per se and that the charge is not considered criminal. If so how does this affect her course of action? She apparently may not have time left according to municipal court and her lawyer.
Customer: replied 1 year ago.
Unfortunately I have to go but still have additional concerns. I would like to continue later
Expert:  CrimDefense replied 1 year ago.

It carries jail time, so it is a criminal offense. If she does not have much time, then I am inclined to believe that the court wants her either to resolve the case or go to trial but there will be no more continuances granted.

Expert:  CrimDefense replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 1 year ago.
All that I have researched says that it is not criminal but only a traffic offense but it carries jail time (in New Jersey). This is why I wanted to hear from someone with knowledge of NJ DUI/DWI law. Because it is not classified as a crime there is also no trial by jury.
Expert:  CrimDefense replied 1 year ago.

Thank you for the reply. In NJ, a DUI/DWI (N.J.S. 39:4-50) is classified as a traffic violation.

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