Alcohol & Drugs: DUI, DWI DWI, accident involved in NJ, liscensed in MD

[lisses10]

Last weekend I was involved in an accident with a police vehicle. I was making a left turn, and did not immediately notice the oncoming car because the head lights were off. The police vehicle struck the passenger side of my vehicle.

I was shaken up and confused at the scene of the accident. They asked if I had been drinking that night, and I had so I replied yes, however, I had my last drink 4 hours prior to the accident.

I was arrested for DWI. I submitted to a breathalyzer test, and blew twice, however they said it wasn't registering, so I was not cooperating. They also issued a citation for refusal to submit to breathalyzer.

A) Is the refusal of breathalyzer arguable in court, or is it an automatic mandatory sentence regardless that I had in fact cooperated?

B) How will the disposition of my case be transferred to my home state? EXample: It is my understanding that MD courts allows judges to grant driving privileges for employment whereas NJ doesn't. Is it at all possible to obtain those privileges?

C) I've never obtained legal services before. How much can I expect to pay a lawyer for these services?

 

[army judge]

Last weekend I was involved in an accident with a police vehicle. I was making a left turn, and did not immediately notice the oncoming car because the head lights were off. The police vehicle struck the passenger side of my vehicle.

I was shaken up and confused at the scene of the accident. They asked if I had been drinking that night, and I had so I replied yes, however, I had my last drink 4 hours prior to the accident.

I was arrested for DWI. I submitted to a breathalyzer test, and blew twice, however they said it wasn't registering, so I was not cooperating. They also issued a citation for refusal to submit to breathalyzer.

You have the constitutional right to remain silent.
Providing the police with any information other than your name, address, age, and asking to speak with an attorney is never a good idea!
Now, you know why!!!!

A) Is the refusal of breathalyzer arguable in court, or is it an automatic mandatory sentence regardless that I had in fact cooperated?

It can be argued.
It'll be very hard to overcome.
But, that's when they'll offer the videotape of your alleged non-cooperation in this affair.
They'll also have a couple of officers testify as to their observations and characterizations of your behavior.

B) How will the disposition of my case be transferred to my home state? EXample: It is my understanding that MD courts allows judges to grant driving privileges for employment whereas NJ doesn't. Is it at all possible to obtain those privileges?

A Maryland judge can not order a New Jersey governmental agency to do anything.
New jersey might accede to a Maryland judge's requests.
As you said, NJ does NOT issue emergency or hardship licenses.
You might consider temporarily relocating to MD???

Obtain a Restricted License
The state does not issue restricted or conditional licenses during a suspension period.

http://www.dmv.org/nj-new-jersey/suspended-license.php

C) I've never obtained legal services before. How much can I expect to pay a lawyer for these services?

In MD, a GOOD DWI attorney might cost upwards of $5,000.
But, its worth every penny of it.
A GOOD DWI attorney could beat this case.
Do not plead to anything until you speak to a couple attorneys.
The FIVE GRAND can get your license back and avoid a conviction.
It will also save you a HUGE auto insurance increase.
Your auto insurance rates will approximate at least FIVE GRAND (after a DWI conviction), especially in NJ.
It might even be MUCH more!

 

[lisses10]

A Maryland judge can not order a New Jersey governmental agency to do anything.
New jersey might accede to a Maryland judge's requests.
As you said, NJ does NOT issue emergency or hardship licenses.
You might consider temporarily relocating to MD???






Thank you so much for your reply. TO clarify, I am licensed and live in MD and the incident occurred in NJ. How would a NJ DWI affect my license in MD? Would it be possible to request hardship license in MD b/c they do have that option, whereas NJ does not?

 

[army judge]

Thank you so much for your reply. TO clarify, I am licensed and live in MD and the incident occurred in NJ. How would a NJ DWI affect my license in MD? Would it be possible to request hardship license in MD b/c they do have that option, whereas NJ does not?[

IMPLIED CONSENT IN MD

The implied consent law in Maryland means that as a driver in the State of Maryland you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test your drivers license could be suspended for 120 days for the first refusal, and an automatic 1 year suspension for your second refusal to submit to a chemical test.

http://dui.drivinglaws.org/maryland.php

Driver License Compact
Maryland is a member state of the Driver License Compact (DLC). The Driver License Compact contains four major provisions, which member states are committed to uphold.
They are:
1> One driver license;
2> One driver record;
3> The exchange of information between states; and
4> Uniform and predictable treatment of offenders.
Convictions reported from member states are treated in the same manner as if the offenses occurred in MD. Drivers convicted of traffic law violations driving in another jurisdiction do not escape corrective action taken by this state. Convictions for moving violations received from other jurisdictions are recorded on the MD driving record.

http://www.mva.maryland.gov/Resources/DL-002A.pdf

That helps you.
MD allows emergency or hardship licenses.
You should contact the MD DMV for clarification.
You'll probably be allowed to retain a license for work and emergency medical use.
But, you've not been convicted of anything.
You won't be convicted if your retain a GOOD NJ DWI attorney.
NJ has quite a few of them.
You beat the DWI charge, which is shaky, and you walk!
Hire a GOOD NJ DWI defense attorney.
It'll be a lot less expensive than a conviction!