Clients often inquire about the possibility of obtaining a temporary license during the DUI license suspension period that would allow them to drive to work or complete other necessary functions. In short, New Jersey, unlike some other states, does not allow this type of temporary license. While the Chief [...]
The recent unpublished New Jersey Appellate Division decision, State v. Alvarez, 14-2-6661 (2015), should be a cautionary tale to anyone tempted to obtain an identification card from the NJ Motor Vehicle Commission under false pretenses. In Alvarez, the defendant’s drivers license had been suspended due to a medical [...]
In NJ, there are basically two ways to reduce the number of points on your driver’s license. The first is to avoid receiving any moving violations or suspensions for a one-year period. For every 12 month period you go without a moving violation or license suspension, the Motor [...]
While plea bargaining in New Jersey municipal traffic court matters is permitted under the court rules, the NJ Supreme Court has expressly banned plea bargaining of any form in connection with Driving Under the Influence (DUI) charges. In this regard, the NJ Supreme Court “Guidelines for the Operation [...]
In New Jersey, the results of field sobriety tests can not only serve as the basis for probable cause to arrest a defendant, but can also be used as evidence for a finding of guilt for driving under the influence. However, while New Jersey’s DUI laws require that [...]
The New Jersey Motor Vehicle Commission automatically places drivers on a Mandatory Probation Period after they complete the Driver Improvement Program or Probationary Driver Program, after a driver receives an official warning issued by MVC, or after a driver’s license is restored following a points or persistent violator [...]
Quite often, people who don’t live in New Jersey become involved in New Jersey Traffic Court matters. This can happen when an out-of-state resident receives a ticket while driving in New Jersey, or when a New Jersey resident gets a ticket and then later moves out-of-state. Failing to resolve [...]
A plea bargain is agreement between the defendant and the prosecutor whereby the defendant pleads guilty to a reduced charge in exchange for some concession from the prosecutor. Ultimately, the judge presiding over the case must approve any plea deal reached between the defendant and the prosecutor. Plea [...]
The key difference between a driver’s license that has been suspended and one that has been revoked is the length of loss of driving privileges. A driver whose license is suspended license may, under certain circumstances, become re-licensed. On the other hand, a driver whose license has been [...]
Reckless Driving is perhaps the most common companion charge to DUI in New Jersey. Even where the driver’s conduct is relatively insignificant, police officers routinely include a reckless driving ticket during DUI stops. The theory behind this is that it is a “fallback” ticket that can subject a [...]
