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Prosecutor Was Justified in Denying NJ Defendant PTI

22
May
2011

by in Criminal Defense, DWI Defense

South River DWI lawyer can protect your rights and fight the charges against you. South River is a small town located in western Middlesex County. The police in South River make some DWI and criminal arrests in the borough.

If you are charged with a DUI in South River, there is no need to panic. Changes are you have made a big mistake. People make mistakes. Your life is not over (as some lawyers might have you believe).

However, DWI charges are very serious and you should consult with an experienced attorney. DWI law is always evolving and you should seek out an attorney who keeps abreast of the developments in NJ DWI law.

A third offense DWI in New Jersey carries six months jail mandatory. Up to half of the jail term may be served in an impatient rehab. This must be served on the back-end of the suspension. There is also a ten-year mandatory driver’s license suspension.

An interesting legal issue is raised when an individual is facing more than one, third or subsequent offense for drunk driving. Each is punishable by a minimum 6 month jail term. Is has long been held unconstitutional to be sentenced to more than 6 months in jail without a jury trial.

The recent case of State v. Federico held that a defendant may not be sentenced to more that 6 months in jail for charges stemming from a single fact-patten. However, when the defendant is facing more than 6 months in jail for separate incidents, Federico would seem to not apply.

More clarification is needed from the courts on this issue. In the meantime, attorneys should obviously argue that their client can not be sentenced to more than 6 months in jail without a jury trial under any circumstances.

For a second offense, a conviction for a DWI in this state carries a two-year driver’s license suspension. There is also a 2 to 90 day mandatory jail sentence. Your attorney may be able to negotiate an agreement where you may serve the 2 days at the Intoxicated Driver’s Resource Center rather than in the county jail.

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