Call For A Free Case Evaluation (908) 428-7006

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JSD Legal
JSD Legal

680 RT 33 East
Suite 10
East Windsor, NJ 08520

Call For A Free Case Evaluation (908) 428-7006 Parlo Italiano. Hablo Español.
The following are just some of the estimated costs involved: • $100 for car towing • $30 per day for car storage after impoundment • $250 minimum fine • $75 for the Safe Neighborhood Fund • $30 for the Law Enforcement Assistance Fund • $50 Victim Compensation Fund • $200 to reinstate your driver’s license • $3,000 MVC surcharge • $3,000 or more insurance company surcharge • $100 Intoxicated Driver Resource Center classes All told, that’s a minimum of $6,835. But our estimates are fairly conservative, so final costs may be considerably higher. And that’s before you factor in any attorney’s fees.
In addition to any penalties imposed under the usual DWI or other criminal laws, a blood alcohol concentration of between .01 percent to .08 percent will result in the loss of your rights to operate a motor vehicle in New Jersey or to get a license to drive in New Jersey for 30 to 90 days, starting on either the eligibility date for obtaining a license or the conviction date, whichever is later. You will also be sentenced to community service for 15 to 30 days and will need to satisfy the IDRC fee and program requirements.
You are required to comply with the screening, evaluation, referral programs and payment of fees for: 1. the Division of Alcoholism and Drug Abuse’s Intoxicated Driving Program Unit 2. the IDRC 3. a program of alcohol and drug education and highway safety If you do not meet minimum requirements in any of these areas, you can be required to take additional counseling or classes involving additional fees.
Yes, it’s possible to have prior convictions not considered in a current case. This is called Post Conviction Relief. You would have to go back to the original court and seek to have the case reopened, or argue that the conviction cannot be used to put you in jail in any current or future matter.
For first and second offenses, if you are sentenced to jail, you may have other options, specific to your situation. For third or greater offenses, you must go to jail for 180 days, however 90 of those days may be served in an in-patient drug or court approved alcohol rehabilitation facility.
No. A fee must be paid to the Motor Vehicle Commission (MVC), is required to restore your New Jersey privileges, Even if you are an out of state driver, you must pay a fee to MVC to reinstate your privileges in New Jersey, otherwise you will remain suspended in New Jersey forever, and that will eventually catch up to you, when your home state will not renew your privileges where you live because your name is on the National Driver Register (NDR) as still being suspended in New Jersey.
If convicted, you will have an additional fine of $500, an additional one to two years without driving privileges, and a jail sentence of 10 days minimum with over 90 days possible. If you are suspended due to a second or greater conviction for DWI, you are facing a “felony-level” charge and a criminal record. This charge is prosecuted at the county level, and carries a 6 month mandatory jail sentence, no parole. In addition, if you are now charged as an alleged third offender for DWI, if you are convicted of the DWI, the jail term runs consecutive, but can run concurrent.
If found guilty of both charges, fine amounts would increase by $500 to a total of $1,000, the amount of time that you will be without legal driving privileges increases by one year for the first offense, an additional four years for the second offense and as much as 20 years for the third offense.
If you’re convicted of DWI and you are within 1,000 feet of a school, your penalties will double. For a first offense, there is a loss of New Jersey driving privileges for a minimum of one year and a maximum of two years, and up to 60 days in jail. There is also a fine of $500 to $800, additional court assessments of $325 to $400, a state surcharge of $3,000, and your insurance company will surcharge you at least $3,000 to well over $10,000 depending on your specific circumstances. To be charged as a second or greater offender in a school zone, the prior conviction(s) had to have been in school zones, otherwise, sentencing would not occur under the school zone section of the statute. Non-school zone sentencing would apply. Second offenses in a school zone carry a mandatory jail sentence of 96 hours to as much as 180 days, as well as mandatory community service for 60 days. A third or greater offense results in a loss of New Jersey driving privileges for 20 years, and carries a minimum mandatory jail sentence of 180 days, 90 of which can be served in an IDRC approved rehab facility. There is no parole on the 6 month jail sentence. Court fines and assessments can be as much as $2,400. Stating that you were unaware that you were within 1,000 feet of school property or a school crossing, or that it was late at night and there were no juveniles present at the time cannot be used as a defense for a school zone charge.
First offense cases charging a DWI and Refusal may result in 3 month suspension of New Jersey Driving privileges for the DWI and up to a 12 month suspension on the Refusal. On first offenses only, the sentences can run concurrent or at the same time, for a total suspension of 7 months. On second and greater offenses, sentences must run consecutive, i.e. one after the other. Second offense DWI carries a 2 year suspension and Refusal also requires a 2 year suspension upon conviction. If convicted of both, license suspension is a total of 4 years. For a third or greater offense, there are suspension of 10 years each on a DWI and Refusal, for a total term of 20 years if convicted on both. Bear in mind that these are two separate offenses that you are charged with and will be treated as such.
Jason D'Aniello, Esq.

Call For A Free Case Evaluation
(908) 428-7006
Parlo Italiano. Hablo Español.

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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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