Legal Question in DUI Law in New Jersey

3 dwi/dui

Hello,

Does 3 DWI/DUI offenses DEFINITELY mean jail time in NJ or are there any other options such as paying a fine? If the person fled the area to avoid jail time but wants to turn themselves in, will the punishment be more severe and what can be expected? Is there anyway to avoid jail time?

Thank you in advance for your reply.


Asked on 12/28/05, 12:25 pm

3 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: 3 dwi/dui

Depending upon when the prior two DWI convictions were, it may be possible to treat the third conviction as a second conviction for sentencing purposes. This could mean no jail time. If the times between convictions don't match up, there is a mandatory six months in jail for a third DWI conviction. However, mandatory six months in jail doesn't necessarily mean that you will actually be sitting in a jail cell. There are ways to avoid actual jail time. Also, if you fled to avoid prosecution at the very least you could be facing a contempt of court charge. You need to talk to a lawyer about all of these issues. I am an attorney who has handled many cases similar to yours in various municipal courts in New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me. There is never any charge for simply talking to me about a case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 12/29/05, 8:24 am

Re: 3 dwi/dui

A third DUI conviction means a mandatory jail term in NJ, and a 10 year loss of driving privilages.

You HAVE to consult with an attorney.

That being said, there MAY be some legal options, but this is HIGHLY dependent upon the circumstances. Perhaps you can get admission to a drug and alcohol residential treatment facility - maybe. If that is accepted by the court, there is a possibility of avoiding jail time. I had a driver abstract error that showed 1 prior DUI conviction, and was able to help a client avoid a jail term. I'd have to check current case law, but years ago I had a plea to a refusal that helped a client avoid a third DUI convistion and jail. As I said, this is a very difficult area of the law, and very fact sensitive.

As I said, you NEED to consult with an attorney!

I do not want intoxicated people driving and hurting others, but I believe this area of the law is unconstitutional, in that they do NOT care if you are driving intoxicated. In NJ, whe it comes to a DUI, you are GUILTY UNTIL PROVEN INNOCENT. The law is designed to make it EASY for the state to convict for DUI, not to deterrmine if you were operating a vehicle intoxicated, and to profit the state and insurance companies... if it helps protect people from drunk drivers, that's a side effect. In NJ, as most states, you are guilty until proven innocent when it comes to DUI.

GET AN ATTORNEY, you need one!

PS - I do NOT drink. In fact I have never been drunk or intoxicated on anything (being Irish that's unusual), so do not think I'm concerned about the DUI laws for my own interests...

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Answered on 12/28/05, 12:43 pm
Gary Moore Gary Moore Attorney At Law

Re: 3 dwi/dui

It depends on your facts. If you have three pending dwi cases you need only win one to avoid jail. If your third dwi was before March 2004

it would be possible to avoid jail. If you dwi cases are old cases there may be a problem proving the State's case. You should click on my website address below and obtain my telephone number and call me so that I can give you better advice.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/28/05, 1:14 pm


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