DUI 1st Offense - Aftermath Confusion - Please help

D

duiguy_recent

Registered Users (C)
Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Nov 5th, 2007 /1.30AM
BAC - 0.16(Can't remember exactly-somewhere close but not more than that)
Attorney - Hired
Payment - $3500 so far (max - $6000)
Court Date - Attorney says we are at the mercy of the court....no date yet
On the night of the incident:-
1) pulled over for driving on the wrong side of the road
2) arrested, was taken to the jail, took breath test, let free after 2 hrs
Case Status - Filed no guilty plea
Visa Status - H1B, expires in July 2008
H1B Status - expires in Jan 2009
Job Profile - software consultant(contractor)
Job Location - Changes from contract to contract
Residence - No Permanent Residence(currently- new jersey)
Drivers Licence - Illinois Drivers license
Age - 30
marital status - single(before dui was planning to get married in early 2009)
looks like i am in a big mess now
Present Contract expires - Feb 2008
Please help me with the following questions. your feedback would take off a lot of stress of me.

1) What if i can't find a contract in new jersey and had to move a different state after my contract expired? does the court going care about my situation?
2) Can i travel outside the country(india) meanwhile(before the court date), as of now the court date could take months?
3) As my visa is expiring(if i don't get court date till then), can i go to mexico or canada for stamping?
4) For how many years DUI going to be on your record? does DUI expungement process would be helpful in anyway?
5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that?
6) In these kind of cases, does having a good attorney or bad attorney really matters?
7) I am not happy with my attorneys response. i have no idea what's going on with my case. everytime time i call he would say, he would update me if anything changes. i am getting really frustrated. what do you guys recommend? do i have to change my attorney?
8) how long would it take to get a court date after the dui incidient? is there any time period?

I would really appreciate if you guys take some time and respond to my questions.
 
duiguy_recent said:
Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Nov 5th, 2007 /1.30AM
BAC - 0.16(Can't remember exactly-somewhere close but not more than that)
Attorney - Hired
Payment - $3500 so far (max - $6000)
Court Date - Attorney says we are at the mercy of the court....no date yet
On the night of the incident:-
1) pulled over for driving on the wrong side of the road
2) arrested, was taken to the jail, took breath test, let free after 2 hrs
Case Status - Filed no guilty plea
Visa Status - H1B, expires in July 2008
H1B Status - expires in Jan 2009
Job Profile - software consultant(contractor)
Job Location - Changes from contract to contract
Residence - No Permanent Residence(currently- new jersey)
Drivers Licence - Illinois Drivers license
Age - 30
marital status - single(before dui was planning to get married in early 2009)
looks like i am in a big mess now
Present Contract expires - Feb 2008
Please help me with the following questions. your feedback would take off a lot of stress of me.

1) What if i can't find a contract in new jersey and had to move a different state after my contract expired? does the court going care about my situation? No, not exactly.
2) Can i travel outside the country(india) meanwhile(before the court date), as of now the court date could take months? Yes, as long as your H1B visa is still valid.
3) As my visa is expiring(if i don't get court date till then), can i go to mexico or canada for stamping? Not sure. Depends on whether you are convicted of a DUI. I think Canada does not admit foreigners with a DUI conviction.
4) For how many years DUI going to be on your record? does DUI expungement process would be helpful in anyway? A DUI conviction remains on your record, it does not go away. Not sure if it qualifies to be expunged.
5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that? Yes, it will appear on a background check if you are convicted. I would try and plead the case down to a lesser charge, like reckless driving.
6) In these kind of cases, does having a good attorney or bad attorney really matters? Depends on whether you did the crime or not.
7) I am not happy with my attorneys response. i have no idea what's going on with my case. everytime time i call he would say, he would update me if anything changes. i am getting really frustrated. what do you guys recommend? do i have to change my attorney? If you are not comfortable with your Attorney, get one who is knowledgable on the Immigration consequences of a DUI.
8) how long would it take to get a court date after the dui incidient? is there any time period? Not long, usually a first hearing about 90 days after the arrest.

I would really appreciate if you guys take some time and respond to my questions.
Click to expand...

Try getting a second opinion on your case with another Attorney who is aware of the Immigration consequences of a DUI conviction and who can negotiate for a Court Supervision sentence, since this is your first offense. If you are able to get supervision, then the case will be dismissed after completion of the supervisory period as long as you comply with all court directives.
 
I am attorney as well and sorry Rajiv you are wrong about NJ...NJ and NY attorney

Rajiv you are incorrrect in your assertion that a DUI in NJ is criminal. In fact it is not. It is a traffic violation and carries the same weight as a speeding ticket. It is not a felony or misdemeanor in the state of NJ. It will not be on any criminal background check. There was never any criminal arrest in NJ for DUI. DUI arrests are not fingerprinted...hence your criminal background check, that is why there is no expungement because it is not criminal. It is only on your motor vehicle record and if you were to apply after you served your violation time period for a license in another state you would not have the DUI transfered over.

Rajiv you are absolutely wrong under NJ, please look at the statute, 39:4-50.
 
Further there is no pleading DUIs down in NJ. The Supreme Court of NJ in 2004 terminated plea bargains for DUIs. The only way to get a reckless with no DUI is for the DUI to be dismissed for lack of basis pre-trial by the prosecution.
 
You must log in or register to reply here.
Top