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I had a DWI in 2009. I was issued 2 tickets 34:4-50(a) and 34:4-50(g). I was found guilty at trial, however my disposition shows Not Guilty-2 on the (a) and Guilty-1 on (g) only. I remember at trial the prosecutor complaining about this finding as in their opinion they should have been both marked Guilty. Forward to 2014, am I a first offender under 34:4-50(a)?
Yes. Subsection (g) includes the same elements as subsection (a). It is a conviction for drunk driving with the...
The person was passed out drunk and smelled like alcohol when the police arrived. The person was sent in the ambulance to ER. The person's blood alcohol level was well over the legal limit, but police did not order the blood test. Cop called house when person was out and family member told cop what a great person driver is and that he hadn't been sleeping right and fell asleep driving. Family member was told No charges. Accident happened last week. Is the person not getting charged? Cops arrest people all the time for driving buzzed. Can a person passed out drunk in a car really get nothing?
It is within the discretion of the State whether to press charges
The person was passed out drunk and smelled like alcohol when the police arrived. The person was sent in the ambulance to ER. The person's blood alcohol level was well over the legal limit, but police did not order the blood test. Cop called house when person was out and family member told cop what a great person driver is and that he hadn't been sleeping right and fell asleep driving. Family member was told No charges. Accident happened last week. Is the person not getting charged? Cops arrest people all the time for driving buzzed. Can a person passed out drunk in a car really get nothing?
How do you know they were drunk? How do you know their BAC?
The dates are wrong,do I have any legal chance of arguing for a dismissal? What can I legally do?
It is likely a ministerial error which can be corrected. Depending on the specific facts, it may call into question...
My case was transferred 2 days before my arraignment
Yes. This is can be part of the process. you should hire an attorney immediately. The Criminal Division of Superior...
do I face jail time
being that your first dwi was more than 10 years ago there is a "step-down" so if you are found guilty or enter a plea...
Person denied unemployment, should he appeal? He does drive a concrete truck in this job.
Was the DUI conviction through no fault of the employee? Hopefully, the person, who must drive for a living,...