9 Myths about DUIs in New Jersey
Many people in New Jersey (NJ) feel that they understand the processes that happens when they receive a citation for Driving under the Influence (DUI).
Sometimes, the process is not as straight forward as you may think. Receiving and dealing with a DUI can be complicated, and there are many inconsistencies that have become common knowledge about the NJ laws surrounding this particular offense.
If you are confused or concerned about a DUI that you have recently received in the state of NJ, contact the best DUI lawyer in NJ to help you through the process.
Along with knowing the legal process behind receiving and dealing with a DUI, the best DUI lawyer in NJ would be able to understand and dispel some of the myths involved with this all too common offense in the state.
Make sure you don’t fall for some of these most common myths associated with DUI offenses in NJ.
It’s Not That Serious – It’s Just another Ticket
The NJ courts regard a DUIs as a “serious” violation. Defenses have become limited by NJ courts, and judges are bound to impose minimum (mandatory) sentences. You can also no longer “plea bargain” and DUI charge.
Basically, don’t take your DUI offense lightly. It’s a serious offense and one that is likely to affect your life through your driving privileges should it not be handled correctly.
You Can Still Drive to Work
Many people think that the license restrictions don’t apply to things you have to do, such as drive to work or drive your children to school. When your licensed is revoked, you are not legally permitted to operate a vehicle for the defined period, no matter where you are travelling to.
There is No Defense
While the restrictions on a DUI offense have grown in the past years, it’s important to remember the old adage “innocent until proven guilty.” There is a possibility that you’ll be able to fight your DUI charge.
Each case should be carefully and thoroughly analyzed by experienced and competent counsel to screen for possible deficiencies in the breathalyzer machine and the reliability of the readings.
DWI and DUI are Different
DWI stands for Driving While Intoxicated, while DUI stands for Driving under the Influence. In NJ, the law makes no distinction between the two.
This means that it doesn’t matter which you are charged with, they are essentially the same thing. Other states make distinctions between the two, NJ does not.
If Miranda “Rights” Were Not Read, The Case will be Dismissed
In NJ, police are not required to read you your rights during road side interrogation. Being taken into custody is what makes it so that the police have to read you your Miranda rights.
When you are stopped on the side of the road for a traffic offense, the police officer does not have to read you your Miranda “rights.” This means that the absence of this reading is not grounds for getting your DUI dismissed in NJ.
If Your DUI is Out Of State, It Has No Effect
NJ courts will share your DUI with the state where you are licensed. That state will generally take action against your driving privileges based on what happened in NJ.
While this is not guaranteed, it is general practice and will probably happen if you are issued a DUI in the state. Once the information is transferred to your home state, it is likely legal action will be taken against you for your offense in NJ.
If you or a loved one feel you have been subject to an unlawful DUI, then do not hesitate to contact the Law Offices of Thomas V. Campo today at 732-691-3427 for a free consultation.