Legal Question in DUI Law in New Jersey

3rd offense

My husband recieved his 1st DUI 22 years ago. His 2nd 13 years ago. He just received his 3rd. Since the 1st and 2nd were well over 10 years ago, will this be treated as his 1st, 2nd or 3rd offense? The law reads like if over 10 years, will not be treated as 3rd offense.

Asked on 1/16/05, 9:20 pm

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: 3rd offense

It is not a third offense. It is a second offense if he pleads or is found guilty.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

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Answered on 1/16/05, 9:35 pm
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: 3rd offense

IF convicted, the statute calls for him to be sentenced as a second and most Judges will lean towards the maximums because he has two priors. Sometimes, however, there are good grounds to challenge DUIs; I would be happy to review his case free of charge and let you know what it looks like. You can read more about me and my DUI practice at

Feel free to e-mail back or give me a call as there is no charge for consults.


Daniel B. Kelley


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Answered on 1/19/05, 5:45 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: 3rd offense

Since there was a less than ten year gap between the first and second DWI, they counted as a first and second conviction. Since it has been more than ten years since his second conviction however, this time around if he is found guilty at trial or pleads guilty, it will be treated as a second offense for sentencing purposes. I am an attorney who has handled many cases similar to your husband's in various courts in New Jersey in the past. I would like to discuss this case in more detail to see if there is anything I can do to help your husband. Please call me at 1-908-272-0111 to discuss this case in more detail. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 1/17/05, 10:15 am

Re: 3rd offense

the priors should not count.He really should get counsel because some judges will slam him with fines and enalties even though the priors dont matter

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Answered on 1/17/05, 2:30 pm

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