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  1. #1

    Default Does Double Jeopardy Apply to DUI Cases

    My question involves criminal law for the state of: New Jersey

    If I'm falsely accused of DUI, and am subsequently acquitted in court... if I'm ever falsely accused again, will they be able to prosecute me?

    And also, if I have documentation of a health problem in my vehicle, watery eyes and nystagmus for example, will that prevent the officer from arresting me based on those conditions?

  2. #2
    Join Date
    Jan 2006
    Posts
    21,265

    Default Re: Does Double Jeopardy Apply to DUI Cases

    If I'm falsely accused of DUI, and am subsequently acquitted in court... if I'm ever falsely accused again, will they be able to prosecute me?
    for a separate incident? Absolutely.

    And also, if I have documentation of a health problem in my vehicle, watery eyes and nystagmus for example, will that prevent the officer from arresting me based on those conditions?
    None of those are the only basis for arrest to start with. The arrest is based on the total set of circumstances.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Does Double Jeopardy Apply to DUI Cases

    Double jeopardy applies to a single charge - getting acquitted of DUI or getting the charge dismissed (after jeopardy attaches) does not mean you can spend your life drinking and driving. Each incident is a separate offense.

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