Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched

Transcription

1 Garden State CLE 21 Winthrop Road Lawrenceville, New Jersey (609) fax Video Course Evaluation Form Attorney Name Atty ID number for Pennsylvania: Name of Course You Just Watched Please Circle the Appropriate Answer Instructors: Poor Satisfactory Good Excellent Materials: Poor Satisfactory Good Excellent CLE Rating: Poor Satisfactory Good Excellent Required: When you hear the bell sound, write down the secret word that appears on your screen on this form. Word #1 was: Word #2 was: Word #3 was: Word #4 was: What did you like most about the seminar? What criticisms, if any, do you have? I Certify that I watched, in its entirety, the above-listed CLE Course Signature Date Garden State CLE, 21 Winthrop Rd., Lawrenceville, NJ fax

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3 I. INTRODUCTION Garden State CLE Panelists [Rachel Kuegel and Robert Ramsey] II. NJ DRIVER STOPED IN NY Effective immediately, you have a suspension from the New Jersey motor vehicle commission You re going to have a surcharge dollars every year for three years You are going to have the interlock device installed on your vehicle mandatorily Your New York conviction will count against you in New Jersey, if you ever get convicted again III. DWAI New York: DWAI (driving while abilities impaired).08 or less can result in a DWAI It is possible to get a DWAI without a reading State v. Zeikel 423 NJ Super. 34 (App. Div. 2011) - A DWAI will count on your record in New Jersey. New Jersey will treat it like a DWI, it doesn't matter that it's any type of lesser defense IV. DEFENDING A DWI IN NY Defending the case in NY is a very different strategy because DWI is a criminal offense

4 You can serve up to 1 year in jail for a NY DWI In NY:.13 or less [usually] the defendant will be offered a DWAI 10-year step-down rule N.J.S.A 39:4-50(a)(3) o 1. Show that the statute you are convicted under is not similar to the NJ drunk driving statute o 2. That your conviction was based exclusively on a reading of.08 or lower, the judge is entitled to not include that in prior convictions for sentencing purposes The ideal evidence would be to make a record during your sentencing that your conviction was based on a reading of below.08. This gives the opportunity to preserve their license and have it not count against them in future convictions If you are a NJ attorney referring your client to a NY attorney, make sure to make sure that the reading is structured clearly below.08 Lautenberg Law - Public Law No If you have a client with a prior conviction before 2004 it might have been in.08 state. You have to see the law when they were convicted. This might be the difference between jail time and a lesser sentence V. ADVOCACY VTL N.Y. Law (similar to NJ per statute) VTL N.Y. Law (similar to NJ common law statute)

5 N.Y. has gotten much stricter. and the more lenient sentences are becoming more rare A first offense DUI is a felony if you have a child under the age of 15 in the car. State v. Chun 194 NJ 54 (2008) Younger attorneys are often put on NY DUI cases because it's lowest on the totem pole of criminal cases DUI is a jury trial in NY so in takes longer and more expensive than NJ DUI trial 6 jury, for a felony 12, each decision has to be unanimous VI. NY DRIVER STOPED IN NJ The DDP program (Drinking Driver Program) can be taken by both drivers caught in the other state. Ideally, advise your client to take the DDP program Sometimes you can talk your way out of paying the surcharge, if you argue that you don't have a car registered in NJ The judge cannot and will not take away your NY license, but the judge can take away your NJ driving privileges. These privileges are only lifted when you pay a fee to lift these privileges The selection of an attorney should be exhaustive, because the cross-state process takes knowledge and experience and contains many nuanced defenses. It might be wise to select an attorney who specializes in DWI

6 NJ attorneys should be sensitive to the political implications of DWI in NY NJ attorneys shouldn't be afraid of seeking advice from NY attorneys when trying a DWI case NY. Same thing for a NY attorney trying a DWI in NJ Police officers have much less influence in NY cases the NJ cases VII. FEES The fees in NY will be more expensive mainly because of the criminal nature of DWI and the jury trial Fees outside the city might be smaller, but the cases might take longer. It's a matter of preference in the end