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COMMENTS

Regarding New Jersey DWI

 

Comment 3: Should Judges be given the discretion to allow a Defendant to have a limited license to get back and forth to work and to go to alcohol or drug dependence counseling?  

 

"Absolutely not.  We need to get a message out to these pathetic, selfish,
or whatevers, that driving while intoxicated in not acceptable and therefore you must pay the consequences.
If you cannot drive to work, take public transportation.  Anyone caught driving with a revoked license because of DUI should serve jail time of not less than two year, actually in the clinker, not a suspended sentence.  We need to protect innocent people, especially our children who cannot protect themselves.  We all have an obligation to do this, citizens, law enforcement, lawyers, etc."

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"Yes, but only is there is a continued effort of particpation in a program."

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"dwi out of all motor vehicle crime is first a personal crime of self- inflicted harm which causes direct harm to victims which is real. application of breathalyers is a good idea which aids, but does'nt rid us of the true problem."
 

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"i THINK THEY SHOULD DECIDE IF A CONVICTED DUI SHOULD BE ABLE TO DRIVE TO WORK FOR EXAMPLE I HAVE A CHILD WITH A TERMINAL DISEASE AND NEEDS MEDICAL CAUSE HE IS HIGHLYMEDICATED AND ALWAYS NEEDS MEDICAL ATTENTION. If I cannot go to work he gets worst i feel driving is a privlidge but thats only after work  and weekends after all you are lockdown at work for 8 to 12 hours a day we should be given a work licsense in some cases."
 

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"People in JAIL have a SLAP program, where they LEAVE the jail to go to work.  People with DUI charges have no SLAP options.  Where is the justice there?"

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"YES, ESPECIALLY IN RURAL COMMUNITIES WHERE THERE IS NO PUBLIC TRANSPORTATION"

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"Yes! Ths blanket suspension of driving prviledges can cost someone their livlihood.

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"yes, all cases includeing underage drinking cases should have indivisualized attention. Esp. if a person makes the same mistake twice, there is obviously an underlaying problem."
 

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"Yes, i strongly believe this. They should be required to get the breatherlizer thing installed in any vehcile that they drive."

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"Yes, oftentimes the family of the offender suffers greatly. If the offender cannot work, how can he or she support the family?  It is difficult enough to afford to live in NJ."

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"YES, YES, YES.  Due to the lack of this option, the roads are full of drivers without licenses and insurance.  If the goal is to keep a drunk driver off  the road, the answer is ignition locks, conditional licenses and counselling."

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"NO!!!! I think that if you have been charged and or convicted of a DWI or DUI then you need to serve whatever the penilty is....so special treatment!"

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"Absolutely for first offenders! Life must continue!"

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"yes. NJ is a joke"

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"Taking a license away for work or for recovery. Dosen't that prevent someone from recovery. The focus of the DWI laws are for the safety of us all. The DWI offender should be the focus of what help we can give them. By taking away their employment and resource for help, aren't we creating a bigger problem."

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"Once married but now a single mother of 4 school aged children, I find the disapointment in their eyes unbearable, I can only rely on friends for "so much" and had to eliminate fun activities (after school sports, birthday parties, summertime at the cominuty pool, CHURCH, just to name a FEW) Every day, the weight of my SIN is getting harder to cope with. The fines, surcharges ALONE are killing me .. not being able to function as a parent for my children has taken its toll. Never have I felt helpless, embarrised,and incompatent as a parent. I have become depressed .. I'm taking medication and have thought of just giving up, ending my pain and guilt ... there doesnt seem to be an end to my "punishment" ... I'm paying in mental and emotional blood, and my tears don't seem to END! God help me ... for I have sinned ... Forgive me and my thoughts of weakness ... I'm sorry for all those MADD faimlies. My faimly and I too shal suffer."

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"of course, everyone has to work-and not everyone can find a way of doing this with out driving. at least give this to a 1st time offender. many of us have no choice but break the law and drive to survive..well maybe start committing other offenses--steal or sell drugs to make a living. it as the law is setting people up--"

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"Definitely. That is their livelihood. How can anyone especially in NJ afford to live at all if they can not commute to work."

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"Yes For Frist time only. Should have learned a lesson that time."

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"definately"

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"Yes, this could be done safely by requiring a ignition interlock device be installed with a time of day lockout.

Regarding this device, if one is installed as required for getting your licence back after a 2nd conviction, are there any additional penalties if the device records a voilation?"

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"absolutely. his life is ruined, there is no way to earn a living. how can he survive. usually its the family that gets the brunt of the punishment because they have to become a taxi servicde. in areas where there is no public transportation there should be some other way to punish the person"

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"Yes. I would like to see a 'provisional' or 'work' licence in NJ. I believe this could be successfully achieved if the licence required the use of an interlock device. Many people find their problems compounded by the inability to get to work and/or treatment."

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"yes a person who has aproblem should still have a right to work."

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"No license leads to loss of job which leads to depression which leads to more drinking. A family is destroyed by one 
incident."

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"yes yes yes. If a defendant can not drive to work how can they continue to get a source of income, go to alcohol or drug dependence counseling or pay the court fines for that matter. Unless the court wants the defendant to get involve in illegal activities to get an income, pay court fines and be able to take a cab to alcohol dependence counseling."

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"yes....im 41 yrs old with 3 children to support and this is my first (and last) dwi. i dont have any other tickets on my record. its insane that i cant drive to work."

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"Yes, obviously conditional, for a first time offender providing the following reason

1.The motor vehicle services (MVS) already has the power to restore limited driving privigles for a $200.00 fee ($100 MVS restoration fee and $100 Intoxicated Driver Program (IDP) administrative fee). This mechanism allows one to work in order to pay the fees and attend the classes."

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"yes they should...they slap you with tons of fees but say oh sorry you cant go drive to work to make money to pay these fees...well how do you expect me to pay...limited ones should be given to be able to go to work..."

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"yes people r losing jobs n house over this how much sould one suffer its isane"

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"Yes, I think under certain circumstances they should be allowed to authorize a business permit to allow someone who is responsible enough not to abuse the privilage and just use the permit to transport themselves to and from work. I work two sometimes three jobs to solely support my children, pay my bills & keep my home. I also help my elderly mother get to doctor, run errands, & get medicine. I made a mistake and I am paying for it but I would be a good candidate to get this permit and not abuse the privilage as I did with my license. I would like the chance and most likely would have been given the chance if the Judge could have had the descretion to allow it."

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"I feel unless we look at each case,I agree,please remember that alcohal consumption,is no less of a problem than alcohal sales. People will always drink,as they have in the Biblical times right up to the founding of this Republic, with responsibility and enjoyment. But what we have done is turn this situation into a money generating scheme that has taken away this pleasure and is controlling our rights. There are to many questions,regarding the tremendous money generated both by the State and the Legal Counsel. Are we really interested in the DWI problem, or is there a problem?? or just an hyped up excuse to profit by ???"

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"YES!!"

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"yes very much so"

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"Yes! & Absolutely!"

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"Yes, with possibly a note from empoyer ot rehabilitation facility."

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"For 1st time offenders, they should definitely have the discretion to do this. As well as the discretion to impose IRDC training or not.

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"Yes."

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"Yes. How is one supposed to work, care for children, support family, and provide for home? Aren't fines and exhorbatant surcharges enough punishment for first time offenders?

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"with the heavy fines imposed-working is important to earn money to pay these fines,hence transportation is important. to get to the rehab progreams,transportation is also necessary. you could feasibly allow driving under these limited conditions

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"Yes, as long as the vehicle has an appropriate interlock device. The only time an individual with a limited license should be allowed to drive a vehicle without an interlock is if their interlocked-vehicle is unable to be driven due to necessary repairs, with said repairs to not exceed a duration of one week in length. They should also be required to keep a log, indicating date, time, trip miles, purpose of drive (employment, counseling, probation, medical, etc.), starting point and ending point. 

The fines are steep for low and average wage earners; chances are they will be struggling to make enough money to pay the fines and frequently, it is difficult to obtain employment without vehicle access unless one lives in a major city."

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"I believe they should be. I believe that a work license and/or license to get to and from counseling is important if treatment and recovery are really what is important to Judges and/or society."

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"Yes!! How can life continue without transportion???"

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"yes, especially in first offense"

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"Yes, how do they expect them to pay all the fines."

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"Absolutely not. It should be made clear to all drivers in New Jersey that driving under the influence will not be tolerated and that no exceptions will be made that will lessen or ease the penalty of a DWI arrest."

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"Absolutely, Taking away a persons means of support will only entice someone to drive while suspended."

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"YES, if the defendant can prove there has been progress with arresting the disease of random testing like going to probation, A/A, N/A meetings should be mandatory. Trust me , meetings saved my life. My judge let me go to long term rehab instead of jail for my 3rd offense. I spent 3 months in a salvation army rehab. THE BEST thing that ever happened to me in my life. One day i am going to thank that judge. (once my fines are paid) He cut me a solid deal that i think saved my life. What would jail have done for me? NOTHING!!He is the judge in Mountain Lakes, Morris county. Other judges could learn from him. I hated the salvation army, but it was what i needed to see how life really is. I really owe this man alot.

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"If they can show proof that they are going to work.(40hr paystubs) than yes."

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"Yes,without a doubt.Otherwise you can not pay for anything at all.Your selfesteem and what ever dignaty thats left is totally drained.You are suddenly forced to comanplate other crimes to try to offset your problem but all you really do is compound it more."

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"38 states now have this inplace dwi is inharently a failed system when the person is financialy ruined for having 3 drinks over 5 hrs with diner and friends tyhe lose there work home car family who does that serve"

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"Yes"

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"The loss of a license can be devastating to innocent people that depend on you, like the care of an elder parent. There should definetly be a limited license. The purpose of the laws are to punish not to destroy. Not everyone is in the same situation...the person who has a brother living with him that can take him to work is a lot different than someone living out in the middle of nowhere with no public transportation. Same offense with totally different results to the individual....no matter how you slice it the laws favors the rich, like everything else in America. The limited license would equalize each situation."

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"YES TO SUPPORT HIS FAMILY AND SEEK HELP!"

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"yes, especially when you are a sole caregiver to a terminally ill parent. "

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"Absolutely!!!!!!!!!"

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"I agree strongly that the defendant be able to have a limited license.There's no reason to totally destroy their lifestyle,but if caught driving other than work related the  penalties should be very severe. "

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"Yes, absolutly. I think having those instruments (breathalyzer locks) put on the vehicle and random urines be taken during a probationary period."

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"As a recovering alcoholic this is a tough call. I hear stories everyday about people who are 24/7 drinkers, meaning these guys would be still driving drunk, only now they would do it from 9 to 5!!!"

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"Absolutely! many states have hardship licensing for those who have lost their driving privledge and must get to and from work. New Jersey should allow this as well."

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"yes, many poeple have employment where the have to drive at least 30 to 40 mins. each day."

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"Yes a limited license at the Judges discretion would be a great idea that would allow defendants to continue being a valuable part of society."

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"Yes, a man's family should not be punished."

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"absolutely not, they should be made to use public transportation like the heels that they are."

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"I would like to see a jury trail available for these offenses. The rammifications, especially in NJ are too great to have a judge choose between a cop and an alleged DUI or DWI offender.

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"i have lost many loved ones from alchol related car crashes. My question is why do they not jus install breathalizers into these vehicles so that they can be aloud to drive to and from work. and only to and from work."

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"Absolutely.Judges see and hear the person who is being carged with DWI. "

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"Yes, ABSOLUTLY! Other states have a work license, and it works out fine. But NJ knows that many people will drive with a suspended license, because they have to get to work. So go figure. Other states donít have surcharge and they do offer work license. NJ wants their surcharge to keep on coming in.

In my case I never had an accident no drunk driving, but my license did get suspended for about 5 year, for driving while suspended 3 times. I'm not a drunk driver or a reckless driver, therefore I am not a threat to others motorist. But yet I have to suffer taking a bus to and from work, during rain, snow, sleet. All I want is to be able to get to work. "TO MAKE A LIVING"

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"Absolutely, providing the driving record is one that warrants it. You have taken everything else away, been treated like a common criminal, had to pay surcharges and fines that would make your broke, and now they take away your right to earn a living!"

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"Absolutely! Many people in this situation may be alcoholics and are in need of treatment and the opportunity to stay gainfully employed. Alcoholism should be treated not only as a disease but as a handicap. Lock devices in conjunction with with some form of ongoing treatment will go a long way in making and keeping these people producive memeber of society."

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"If a person is willing to have some type of a breath test lock on their car and if they are unable to get to work any other way or must drive in their line of work, the judge should have some discretion. The results of a DUI on a person who has bus service available to him is not as severe as a person who lives in rural NJ and can not work as a result of one DUI. The judge should not have any discretion on subsequent DUI's. This should be a one time oportunity. "

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"Yes of course."

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"YES!!!"

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"Absolutely. Contextual ethics must apply."

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"F*** new jersey F*** mcgreevey that phoney" 

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"Absolutely"

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Call on  New Jersey DWI lawyer, Greggory M. Marootian when you need experienced  professionals to give you the facts, and restore your integrity.

 

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© Copyright 1999. Greggory M. Marootian, Esq.  All rights Reserved. The information in this website is provided for informational purposes only; it is not as legal advice. Any questions about the law or your rights and obligations should be reviewed by legal counsel engaged by you and provided with your specific fact situation.