Case Results

 

New Jersey DUI Suspension Vacated After Motor Vehicle Hearing

Published in Criminal Defense

Dealing with a driving under the influence conviction in any jurisdiction is a stressful and frightening experience, but it is important to remember that if you’re convicted in another jurisdiction, the repercussions can also have an impact in your home state. Therefore, you should still consult a knowledgeable attorney in your area regarding any collateral consequences. For example, some time ago, a man from Bloomfield, NJ was pulled over and charged with a DUI in New York. This DUI was eventually resolved through a plea agreement to a lesser infraction of Driving While Ability Impaired with the acknowledgment that he was operating a vehicle with a BAC of slightly below .08. While this man’s driving privileges were suspended in New York, he was temporarily allowed to drive in his home state. However, when the New Jersey Motor Vehicle Commission became aware of this conviction, it also pursued the suspension of his driving privileges in New Jersey for 90-days because it was still a DUI-related offense. In hopes of avoiding the complications of this additional limitation, he contacted the capable New Jersey DUI defense team with the Bhatt Law Group.

By utilizing their considerable experience with similar inter-state DUI issues and procedures, the attorneys with the Bhatt Law Group reviewed all aspects of their client’s situation and represented his interests by requesting a hearing with the New Jersey Motor Vehicle Commission. During this proceeding, the Bhatt Law Group argued that this action was inappropriate based on the fact that their client’s New York conviction is actually not an offense in New Jersey. Essentially, since New York’s Driving While Ability Impaired amendment stipulates that he was below the .08 legal limit that would permit a New Jersey DUI conviction, he should not be penalized. When presented with this argument, the New Jersey Motor Vehicle Commission ultimately agreed and vacated his suspension. This result greatly pleased the client, who remained able to drive without hindrance throughout New Jersey.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

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