Re: Courts vs. the State

You have a misunderstanding as to the status of the law. Even though this is technically his second offense, he would be sentenced as a first offender if the first is in excess of 10 years prior to the second.

Example #1: 1st offense in 2005; second offense in 2007. Person is sentenced as a second offender.

Example #2: 1st offense in 1996; second offense in 2007. It goes on his drivers abstract as a second offense, but he is sentenced as a first offender (that is, as if he had no prior offense) because more than 10 years has passed.

His records will always show his offenses and are never wiped off. Only his sentencing would change based on lapses of time. By the way, this step down sentencing is only available once. Another 10 year lapse will not give him a break.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. Neither you or your boyfriend can rely on this advice because we have not personally met and I have not been retained as an attorney in this matter. Your boyfriend should immediately meet with an attorney for a full consultation before he takes any further steps. He may feel free to call me to discuss this matter in more detail. If he does, have him mention Law Guru and his first one hour of time will be free. Good luck! Rob Gleaner

Re: Courts vs. the State

As a word of caution please be advised that the ten year rule does not apply to a third offense. His next New Jersey dwi will be his third and he will face a ten year loss of license and a mandatory minimum 90 days in jail.

If he believes that he does not require alcohol counseling he is entitled to obtain a second opinion from the appropriate expert to contest so much counseling.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com