I got a DWI a couple of years ago. Pled not guilty, charges were reduced to 3 months license suspension vs the usual 7 months due to a technicality (cop forgot to read me something when I refused the breathalyzer). Do I need to disclose this information on a job application? Is it considered a crime or criminal offense? It says not to include minor traffic offenses, but DWI is hardly considered a minor offense. Thanks.
As in Wisconsin, the first offense in New Jersey is not a criminal charge. You are right that DWI is not a minor traffic offense, but it is not a crime or criminal offense.
Note that it may still show up in job background check. You may want to print out and keep these answers in case you are challenged about this.
If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others.
Thank you.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.
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To answer your question as to whether it is a crime or criminal offense, no it is not.
However, a review of the job application question needs to be looked at. In New Jersey, a DWI is considered a motor vehicle violation. At the municipal court level, traffic summonses, township ordinances, and offenses (disorderly person, petty disorderly persons) are heard. Notwithstanding aggravating factor(s), none of these matters are considered criminal.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
DWI is not a criminal offense in NJ. It is not entered on your CCH which is the normal data base searched on background checks. But it is also not a minor traffic offense. The question itself can be answered "no" since DWI is not either a crime or a criminal offense. but the other parts of the app. seem to indicate required disclosure of serious traffic violations. if they check your driving abstract they will see it. So I don't know. I think you can explain that attorneys told you it was not a criminal offense if they catch it but the non-disclosure may hurt.
Marcie Lynn MackolinDUI / DWI AttorneyRed Bank, NJ ·
Answer No with confidence. The question does not ask for serious traffic infractions. It just says not to include minor infractions. If they want to know about DWIs, they should write a more comprehensive question.
