Plainfield, NJ DUI and DWI Law Firms & Lawyers

Your attorney is correct. Unless there are circumstances which support both convictions, the prosecution will accept one conviction. We use a 'mitigation' package to explain your position and insure that you get one conviction. Please call if you need help. I would explain our approach. Ed Dimon 732-797-1600

In New Mexico, the MVD hearing must be held within 90 days of arrest. If the hearing was not set within the 90 day period, then the MVD action would be dismissed. However, if it was set within the time limits and neither you nor a legal representative appeared, then chances are your license would be revoked. The MVD action is completely separate from the DWI in criminal court. In fact, you win the DWI trial and still have your license revoked by MVD. Likewise, it is not uncommon for the MVD action to get dismissed on a number of grounds (generally because the officer did not show) and still convicted on the DWI.

Max is one year. What WILL happen is up to your attorney to negotiate in a plea bargain. First offense generally can avoid jail, but the more extreme the violation and blood alcohol, the more concern you should have about jail. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When arrested or charged with any crime, the proper questions are, can you be convicted, and what can you do? Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.