I received a summons for DUI on Friday September 4th.

3 views 7 answers
I have a court date of September 17th. It was my first offense. What can I expect?

Attorney Answers

7
James Fridie ·
The 17th is your first appearance. Nothing is going to happen other than the judge telling you what the fines and penalties for a DWI conviction entail and asking you if you want to represent yourself, apply for the public defender, or obtain private counsel. A conviction could result in a suspension of your license, classes at the intoxicated driver resource center and numerous fines and penalties. Contact an attorney to schedule a consultation as soon as possible.
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James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
At the first appearance you will be arraigned (told the charges and penalties) and given an opportunity to hire counsel. If you have retained counsel by then, the court will likely give you time to obtain discovery before the first appearance.
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Daniel Deasy ·
This first appearance is your arraignment date. You can plead not guilty and tell the prosecutor you are hiring counsel, or you can reach a plea bargained deal and be done with the guilt phase of things, with sentencing to come. DUI allegations are serious and hiring a DUI defense attorney is the right thing to do!
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H Aalsberg ·
You should hire a good DWI lawyer immediately. Although it is only your first appearance where the judge will advise you of your rights and the penalties for the offense (up to 30 days in jail 3 to 12 month loss of license, IRDC and fines) the time line for your DWI started the moment you were given the tickets. By a directive of the courts DWI's are supposed to be tried and completed within 60 days. Thus any day you waste not hiring a lawyer if you can afford one is one less day your lawyer has to build a proper defense for you. Thus you should not waste this time and get yourself a lawyer immediately. The cost of hiring a lawyer will not change but the result your attorney may get with having more time to work on our case could so it is always important to hire a good DWI lawyer ASAP. Good Luck
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Steven Hernandez ·
Well, your first appearance is called an arraignment. At your arraignment the judge will tell you what you are charged with and what the fines and penalties are. For a first offense, the penalties depend on your Blood Alcohol Content (BAC) or whether you were impaired by drugs. If your BAC was 0.08, but less that 0.10, you are looking at a 3 month DLsuspension, $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and the possibility of an ignition interlock device. If your BAC was 0.10 but less than 0.15,you are looking at a 7 to 12 month DL suspension, $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and the possibility of an ignition interlock device. If your BAC was 0.15 or greater, then you are facing $300 to $500 in fines, $389 in assessments, $1,000 a year (for 3 years) MV surcharge, a 12 alcohol evaluation in the IDRC, and a MANDATORY of an ignition interlock device. For any first offense you could be sentenced to unto 30 days in jail, but is is no improbable, I would not worry. The best way to avoid these penalties and suspension is to find a lawyer who is properly trained in DWI defense, Lawyers are not interchangeable and some are more knowledgeable than others. DWI is a subject that requires a knowledge of forensic science, especially in blood or urine cases, but even in breath testing. A good DWI Lawyer will have the following: (1) Alcotest Certified (2) DWI Detection and Field Sobriety Test Certification (3) Drug Recognition Expert Training (4) Forensic Chromatography Certification (blood or urine cases) Also, be wary of dump truck lawyers! A dump truck lawyer is a person who charged a ridiculously low fee. This is a good sign they intend you plead you the first time they get to court. A good defense takes multiple appearances and thus time. And you know what time equals, right? You should speak to a lawyer who will gibe you the time you need to go over your case and not try to quickly sign you up, so they can get back to something else. Good luck!
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Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
The Judge will read the charge and the potential punishment enter a not guilty plea and then ask you about representation. If private he will give you a little time to retain the attorney. if a PD you fill out the forms.
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Kenneth Albert VercammenCriminal Defense AttorneyEdison, NJ ·
DWI Fines and Penalties in NJ Updated A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence. First Offense - BAC 0.08% but less than 0.10% or no reading • 3 months driving privilege suspension • $250-$400 fine • 12-48 hours at intoxicated driver resource center (IDRC) • Maximum 30 days imprisonment $230 IDRC fee $100 to drunk driving fund $100 to AERF $75 to Neighborhood Services Fund plus court costs First Offense - BAC 0.10% or higher • 7 months to 1 year driving privilege suspension • $300-$500 fine • 12-48 hours IDRC • 30 days maximum imprisonment* $230 IDRC fee $100 to drunk driving fund $100 to AERF $75 to Neighborhood Services Fund plus court costs Car Interlock Machine: First Offense, DWI w/BAC level below 0.15% or no reading, Court may impose • 6 months – 1-year installation of interlock device after restoration of driving privileges First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose • installation of interlock device required during the term of suspension and • 6 months - 1 year installation of interlock device after restoration of driving privileges In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to: • an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period. Plus 9 points on your car insurance
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