This is a synopsis of fines, fees, loss of license, IDRC, ignition interlock, jail, surcharges, etc, for all levels of NJSA 39:4-50 conviction and most refusal offenses in New Jersey. Remember that the exact penalties you face will depend on the facts of your particular case and DWI history. Therefore,…
If you have been researching second offense DWI penalties in New Jersey, I am sure it is clear at this point that if you are convicted as a second offender, you face a mandatory 2 year loss of license in New Jersey. I represented a client charged with his second…
In a case captioned State v Federico, the NJ Appellate Division held that a defendant convicted of a DWI offense and multiple other traffic offenses may not be sentenced to more than 180 days in county jail. The court reasoned that it has been the long standing policy to cap…
First, you may hear attorneys talk about discovery. Discovery is what any experienced attorney will request from the State during the trial preparation phase of a DWI matter. Discovery consist of many different items. My discovery demand consists of about thirty different items, including police reports, videos recordings, Alcotest instrument…
In State v Marquez, the NJ Supreme Court held that an individual arrested for DWI/DUI has the right to be informed of the consequences of refusing to consent (to submit) to an Alcotest (Breathalyzer) in the language that they speak. In this case, the defendant was arrested for DWI in…
Not all DWI offenses are alike. The facts and circumstances of any NJ driving while intoxicated offense will determine the possible penalties the defendant faces. For example, many are unaware that if you were involved in a motor vehicle accident while DWI, you can be charged with an indictable offense…
For any individual charged with DWI after January 15, 2010, take note…if you are facing a first conviction for DWI, and your BAC was .15 or above, or you are facing a refusal offense, or second or subsequent DWI charge, you will also be facing the mandatory imposition of an…