Legal Question in Criminal Law in New Jersey

is it mandatory to go to jail on your 3rd dui?

My friends wife was just charged with what will be her 3rd dui they have a new born baby and a2 year old will the judge still send her to jail for 180 days or can she do the time on weekends since this will cause great hardship on her husband and her kids any help or ideas would be help full


Asked on 11/11/99, 12:22 pm

1 Answer from Attorneys

John Pinho John Pinho

Re: Jail Term on 3rd DWI

There is a mandatory 180 day jail term on a third offense DWI.

The term can be reduced to 90 days community service and 90 days in jail.

The judge also has the discretion to permit the defendant to serve the 90 day sentence in an inpatient rehabilitation program instead of jail.

If the third offense is committed more than 10 years after the date the second offense occurred then the defendant is treated as a 2nd offender for sentencing purposes.

You should consult with an attorney to determine whether your friend has a defense to the DWI, and if not what is the best possible resolution of the matter.

John M. Pinho, Esq.

http://sites.netscape.net/zjohnmp

or e-mail me at [email protected]

Phone (973) 481-4364

DISCLAIMER: The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems.

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Visit Attorney John M. Pinho's webpage at http://sites.netscape.net/zjohnmp/

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Answered on 11/16/99, 10:32 am


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