DWI and Convictions for Related Offenses may not Exceed 180 Days

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 the term of imprisonment at 180 days for multiple convictions arising out of the same incident.

This case involved a defendant who was convicted of driving while intoxicated as third offender and also driving while suspended as a result of a a prior DWI conviction. If convicted of a third or subsequent DWI offense in NJ, there is a mandatory 6 month period of incarceration, 3 months of which may be served in a inpatient rehab.

in addition, driving while suspended as a result of a DWI conviction is a minimum of 10 days in jail, and possibly much more depending on the circumstances.

The important thing to remember is there are defenses to these charges and an experienced New Jersey DWI and traffic defense lawyer can give you your best chance to win.

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