Another common scenario is when very young men in the middle of the night are particular targets. The police see them. They’re weaving. They are stopped and they are frequently intoxicated.
The majority of these cases do not require an enormous defense costing thousands and thousands of dollars. If the officer sees they were weaving and they are reeking of liquor and the breath test results are double the legal limit, it can be easily determined that they were drunk.
If the Evidence Is Strong against the Driver, It Is Advisable to Plead Guilty, Which Is Negotiated by the Attorney and the Prosecutor
You have a right to a trial. However, sometimes it’s better to have the lawyer enter a guilty plea in an effort to mitigate the loss of license down to seven months and for minimum fines and penal fees and for dismissal of other charges.
It Can Be Beneficial for the Driver to Voluntary Seek Treatment for Alcohol Abuse
It is also helpful if the client enters an AA program on his own. It shows he recognizes that the drinking is a problem. That can help keep the fines and penalties to the minimum. Even though they are the mandatory minimum, they’re still very harsh.
Interviewer: Is it possible to apply for a restrictive license or a temporary alcohol restricted license that still allows them to get back and forth to school or work?
Jacqueline: No, New Jersey doesn’t have that. No.
Interviewer: Do you also represent clients at DMV hearings?
In New Jersey, a DWI Is Considered a Traffic Violation, Not a Criminal Offense but a Conviction Will Remain on Your Driving Record Permanently
Jacqueline: First of all, the DWI is not a criminal proceeding, it’s a traffic infraction. It’s not a crime but there will be a record.
With regard to representation at Motor Vehicles, because you had a conviction or pled guilty to a DWI does not mean that you have to go to the Division of Motor Vehicles for a hearing in this matter.
A DWI Conviction Will Entail a Three-Year, $1000 a Year Surcharge in New Jersey
One of the penalties with Motor Vehicles and it is automatic, is a thousand dollars a year for three years insurance surcharge which is imposed by the Division of Motor Vehicles. The party who has been convicted or found guilty of DWI is also going to be subject to a thousand dollars a year surcharge.
This surcharge is in addition to the driver’s own insurance company increasing their rate. It’s very expensive for somebody who has been convicted of a DWI.