Dwii in Nj

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Dwii in Nj

My husband has served almost 8years on a 10 year suspention. He is now sick with cancer which has metisized to his lungs. We don’t know how much time he has left. He is a changed person since this happened. he doesnot drink or smoke. His last wish is to get his license back before he dies. Is there anyway ? His medical bills are through the roof. We have paid lawyers twice with no results. We do not have any money left.

Asked on May 9, 2009 under Criminal Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The New Jersey DWI law doesn't give anyone the power to make an exception to a license revocation, as far as I know.  In fact, even after 10 years, getting his license back would not be completely automatic, he would have to get approved by Motor Vehicles.

I think the only chance you might have, of getting your husband's license back before his suspension is finished, is by getting a pardon from the Governor.  That is a very slow process, and a very small chance.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your husband's license was suspended for 10 years that means, under New Jersey law,  this was his third offense.  I suspect that is why not one but two previous attempts at reinstatement failed.  The fact of the matter is I can't see why they would waive the last 2 years suspension.  If your husband is as sick as you say (by the way sorry to hear it), then they might worry about his driving under the influence, in this case not alchohol but his pain meds or possibly both.  I realize that he probably wouldn't be driving at all and this is more symbolic than anything else, but you have to see it from the state's perspective especially since he is a repeat offender.

 

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well what do you mean you paid lawyers twice with no results? Were they simply ineffective (in which case then file a complaint with the New Jersey state bar and perhaps you may got some money back) or try www.attorneypages.com or legal aid in New Jersey to see if anything can be done.  Your other try: call the district attorney's office in your county and speak with a prosecutor about your husband's situation and see if he or she can help!


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