DUI Hearing in NJ, But Now Moved to NC

H

Happenstance

New Member
Jurisdiction
North Carolina
Hi - When I was a resident of New Jersey back in July, I was arrested for impaired driving based on the field test. But back at the station, I blew a .07, which is under the limit. My virtual hearing has been delayed until next week because the prosecutor had a long illness. But now I am a resident of North Carolina. I have a NC drivers license and my car is registered here in NC. I am hoping they will drop the DUI back in NJ because my BAC was under the limit. But if they don't and I am forced to plead guilty in NJ, what will happen in NC with my driving privileges? Thanks
 
Jersey Mike said:
Hi - When I was a resident of New Jersey back in July, I was arrested for impaired driving based on the field test. But back at the station, I blew a .07, which is under the limit. My virtual hearing has been delayed until next week because the prosecutor had a long illness. But now I am a resident of North Carolina. I have a NC drivers license and my car is registered here in NC. I am hoping they will drop the DUI back in NJ because my BAC was under the limit. But if they don't and I am forced to plead guilty in NJ, what will happen in NC with my driving privileges? Thanks
Click to expand...

The phrase "legal limit" is a misnomer. The "limit" in question is the per se limit, which means that you are automatically presumed to be impaired at that point. One can still be convicted of driving impaired at a lower level, but they will need to offer additional evidence to show that you were impaired.

You should have an attorney to assist you with this.
 
Jersey Mike said:
But if they don't and I am forced to plead guilty in NJ, what will happen in NC with my driving privileges?
Click to expand...

As phrased, this is a pointless question because one of the premises of the question cannot be true. You will not be "forced to plead guilty."

If you are convicted of DUI in NJ, it is reasonable to believe your NC license and driving privileges will be suspended. Might be a good idea to retain an attorney in NJ.
 
Thank you Zigner. I do have an attorney representing me on the case. He is licensed in NJ, and he does not know what the NC law is regarding someone who was arrested 6 months ago in NJ with a NJ license, but later moved to NC. Now the case will be heard this week in NJ, and the question is what will NC do if I plead guilty to the earlier arrest from NJ. Will I have to inform them? Or will they get a informed by NJ? Thanks
 
Thank you PayrollHR Guy and zddoodah as well. In NJ, they do not suspend the license for first offense, but they often require that you install breathalyzer interlocking device in your car for 3 months. Does anyone know if NC does that? Again, I had NJ license when charged, but now have NC license. Thanks
 
NJ and NC are members of both driver license compacts so NC is likely to have notice of your conviction.

Driver License Compact (aamva.org)

The following article implies that your driving privileges in NC will suffer the same consequences as they would have suffered had you still been a resident of NJ when convicted.

Limited Driving Privileges Following Out-of-State DWI ConvictionsNorth Carolina Criminal Law (unc.edu)

It appears that if NJ requires an interlocking device with no revocation or suspension, NC might do the same.

I suggest you talk to a NC attorney about that so you know what to expect.
 
So I had my hearing today. Working with the arresting officer and the prosecutor, my attorney was able to get them to drop the DUI, but I had to plead to reckless driving, open container, and a malfunctioning taillight. Plus they suspended my driving privileges in NJ for 30 days. I have a NC drivers license, and I don't plan on going back to NJ so that's not a problem. I just don't know what NC DMV will impose on me. Until I hear from them, I will continue to drive here in NC. If anyone has any insight or advise around that, I'd appreciate it. Otherwise, I thank you all for the info and input you have kindly provided.
 
Jersey Mike said:
So I had my hearing today. Working with the arresting officer and the prosecutor, my attorney was able to get them to drop the DUI, but I had to plead to reckless driving, open container, and a malfunctioning taillight. Plus they suspended my driving privileges in NJ for 30 days. I have a NC drivers license, and I don't plan on going back to NJ so that's not a problem. I just don't know what NC DMV will impose on me. Until I hear from them, I will continue to drive here in NC. If anyone has any insight or advise around that, I'd appreciate it. Otherwise, I thank you all for the info and input you have kindly provided.
Click to expand...
If your license is suspended in NJ, then it may also be suspended in NC because both states are members of the Driver License Compact. If you are stopped in NC, they WILL know you are suspended in NJ and you can be in trouble for driving on a suspended license. Consult with a NC attorney.


EDIT: I now see that this information was also conveyed previously by @adjusterjack
 
Last edited:
Jersey Mike said:
So I had my hearing today. Working with the arresting officer and the prosecutor, my attorney was able to get them to drop the DUI, but I had to plead to reckless driving, open container, and a malfunctioning taillight. Plus they suspended my driving privileges in NJ for 30 days. I have a NC drivers license, and I don't plan on going back to NJ so that's not a problem. I just don't know what NC DMV will impose on me. Until I hear from them, I will continue to drive here in NC. If anyone has any insight or advise around that, I'd appreciate it. Otherwise, I thank you all for the info and input you have kindly provided.
Click to expand...


Your insurance rates are likely to soar into the stratosphere.

You might want to speak with your attorney about how best to proceed with your insurer.

As revealed above by @adjusterjack both states are members of the compact.

Again, seek guidance from your attorney regarding how best to proceed with the NC licensing agency.
 
In NC I think you are OK. There are only four things that NC will suspend you for on a DLC report:

1. vehicular homicide
2. driving while impared.
3. committing a felony using a vehcile.
4. failure to stop and render aid in an injury accident
 
flyingron said:
In NC I think you are OK. There are only four things that NC will suspend you for on a DLC report:

1. vehicular homicide
2. driving while impared.
3. committing a felony using a vehcile.
4. failure to stop and render aid in an injury accident
Click to expand...
OP's underlying charge was a DWI. That will likely come out during the DMV hearing (should one occur), which may cause the OP problems if not handled correctly.
 
I'm a bit late here, but the NJ suspension may not be automatically terminated after the suspension period. The OP may need to pay some type of suspension termination fee to get the suspension lifted. He needs to check with the NJ MVC. If that's the case, if he is driving in NJ five years from now, for instance, he may end up getting arrested for driving with a suspended privilege.
 
Zigner said:
If your license is suspended in NJ, then it may also be suspended in NC because both states are members of the Driver License Compact. If you are stopped in NC, they WILL know you are suspended in NJ and you can be in trouble for driving on a suspended license. Consult with a NC attorney.
@adjusterjack
Click to expand...

I've never seen this happen. I used to find many out-of-state (to NY) license holders driving in NY with valid licenses but suspended privileges in NY - some suspended for years.
 
My attorney was able to get the arresting officer and the prosecutor to agree to drop the DWI charge because multiple physicians provided medical records proving that I have vestibular issues and naturally occurring nystagmus. That plus I blew a .07. My question is this - is it possible to get a medical card that shows these 2 conditions? I would want to show the card to an officer if I ever get asked to take the field sobriety test again. Suppose I had a BAC of 0.0, but for some reason an officer asks me to step out of the car and I fail the FST and get arrested. I would have to go through the whole process again - at great cost, I might add. Thanks
 

Share this page

Get a free case review from a lawyer
Back
Top