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A family member of mine recently got a DUI, here in the state of New Jersey. To my surprise, his lawyer told him that it was NOT a criminal offense in NJ. It is a motor vehicle offense, more serious than running a stop sign but still not technically criminal. (I used to think it was criminal) Hence, is NJ alone in this regard? Isn't drinking and driving in other states a downright criminal offense in which a record of your arrest is sent to the FBI? What are the laws in your state? Additionally, should DUI (even if no one is injured) should be a criminal offense or a motor vehicle offense (like a traffic ticket)? Please debate the pros and cons of this technicality.
A family member of mine recently got a DUI, here in the state of New Jersey. To my surprise, his lawyer told him that it was NOT a criminal offense in NJ. It is a motor vehicle offense, more serious than running a stop sign but still not technically criminal. (I used to think it was criminal) Hence, is NJ alone in this regard? Isn't drinking and driving in other states a downright criminal offense in which a record of your arrest is sent to the FBI? What are the laws in your state? Additionally, should DUI (even if no one is injured) should be a criminal offense or a motor vehicle offense (like a traffic ticket)? Please debate the pros and cons of this technicality.
Everybody makes mistakes imo. Second DUI and anything after should be jail time period.
If memory serves NJ is the only state where DUI is not a felony. The insurance surcharge in NJ is a killer though. Something on the order of $5,000.00 a year.
A car operated by someone under the influence is a weapon and definitely should be a felony. But each state is free to make its own laws. NJ has chosen not to make it a felony.
You guys have to understand that it is a felony in most states after multi-offenses and/or injuries. A first time, no injury DUI in NJ is not even a crime.
What are the laws in other states regarding first offense DUI w/o injuries? Should even this be considered a crime, even if it is a misdemnor? I am trying to figure out if someone should get a criminal record based on such circumstances.
I don't think DUI itself is a felony in any state. Although you can be charged with "Felony DUI" depending on your previous numbers of offenses and/or if you have caused serious injury to others or property.
I know Jersey DUI laws are a joke though. The repercussions of driving without insurance is a bigger fine than DUI and a 1 year suspension of your license
A family member of mine recently got a DUI, here in the state of New Jersey. To my surprise, his lawyer told him that it was NOT a criminal offense in NJ. It is a motor vehicle offense, more serious than running a stop sign but still not technically criminal. (I used to think it was criminal) Hence, is NJ alone in this regard? Isn't drinking and driving in other states a downright criminal offense in which a record of your arrest is sent to the FBI? What are the laws in your state? Additionally, should DUI (even if no one is injured) should be a criminal offense or a motor vehicle offense (like a traffic ticket)? Please debate the pros and cons of this technicality.
It depends how under the influence they are, and whether it is their first time, third time, eighth time, etc.
If it's your first time and you only blow a .09, then you should be let go with a ticket and maybe a short suspension. However, if it's your ninth time, and you blow a .22, better make it a felony.
A family member of mine recently got a DUI, here in the state of New Jersey. To my surprise, his lawyer told him that it was NOT a criminal offense in NJ. It is a motor vehicle offense, more serious than running a stop sign but still not technically criminal. (I used to think it was criminal) Hence, is NJ alone in this regard? Isn't drinking and driving in other states a downright criminal offense in which a record of your arrest is sent to the FBI? What are the laws in your state? Additionally, should DUI (even if no one is injured) should be a criminal offense or a motor vehicle offense (like a traffic ticket)? Please debate the pros and cons of this technicality.
I can not say for certain, but I do not think DUI convictions are automatically sent to the FBI.
I also have to agree with someone who said, "anyone can make a mistake" just be thankful the mistake didn't cost anyone thier life and let's hope the person used his head next time he/she is drinking. Many of us can look back and remembe a time we should not have been behind the wheel. I don't know if it age or knowledge, but I know, today, I would never drink and drive.
Drinking is the only rational thing to do if one lives in NJ.
Of course, growing up in Philly, I am a bit biased
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