Will NJ find out about 2 previous DUI's in CO?

The need to flee for self defense may be a viable defense. The prior offenses will probably show up in NJ. You need to retain an attorney immediately. Please contact me so that together we can review your defenses and develop a strategy.

What the abstract says, the abstract says. You have a right to remain silent. Use it. Hire an attorney ASAP. Let them know about the priors in Colorodo and let them get your abstract. In theory, Colorado should report to New Jersey, as they are both members of the drivers license compact. But I would wait and see what the abstract says.

Necessity or duress are defenses. There is case law that they do not apply to quasi-criminal charges such as DWI. There was one case a few years back that allowed the defense. But it is very fact sensitive and it needs to be the only thing you could do. Your Co. convictions may come up but I agree with Mr. Abate that the prosecutor needs to do this job not you. However if asked and you remain silent it does not take a rocket scientist to figure out why. If discovered you are in serious trouble. There is a mandatory 180 day sentence on a third. It makes sense to fight, you have nothing to lose. Act quickly on an attorney since the bar video would be helpful and may be destroyed. Call with more information.

I agree with the other answers you need to hire a lawyer ASAP.

Hire an attorney right away as you may have a viable defense and a third DUI obviously has serious consequences.

First, the defense of "necessity" is permitted in a NJ DWI case. The NJ DWI case of State v. Romano, 355 NJ Super. 21 (App. Div. 2002) addresses the necessity defense in a context that appears to be analogous to your case (a man fleeing in his car to avoid being badly beaten). Second, an out of state conviction for a DWI law of a "substantially similar" nature will constitute a prior offense in New Jersey. It is, however, possible to exclude the out of state conviction by proof that the conviction was based solely upon a violation of a proscribed BAC of less than .08% or the out of state statute was not "substantially similar" to the NJ DWI statute. Sometimes, a prior conviction does not show up in a defendant's driving history. This presents an extremely delicate situation. The State has the burden to prove each element of the offense, and has the burden to establish prior offenses. A lawyer has an ethical duty of candor to the Court and to the Prosecutor, and if asked directly by the Judge, a defendant risks a charge of perjury or contempt if he lies. On the other hand, a defendant has an absolute constitutional right to remain silent including at sentencing (to "take the fifth"). In addition, a lawyer owes allegiance to his client not to reveal privileged information (the lawyer can and ethically assert "attorney-client privilege" with regard to the knowledge of a prior offense). Through a careful balancing of the opposing duties, a careful review of the prior offenses, and careful and ethical advocacy, the prior offense can often be neutralized. Greggory M. Marootian, Esq. NJ DWI Defense Lawyer www.newjerseydwi.com