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Subsequent DWI Violations Escalate the Penalties

Subsequent DWI Violations Escalate the Penalties

At the same time, if there is a second violation, the fines can go up to a thousand dollars. The court can order community service for 30 days.

The Increased Penalties Include the Installation of an Ignition Interlock Device and a Two-Year Loss of License

You can be required to install an ignition interlock device. You’ll lose your license for two years for a second offense.

A Third DWI Conviction Will Revoke Your License for 10 Years

For a third violation, there’s a thousand dollar fine and imprisonment for a term of not less than 180 days in the county jail. The court has the discretion to lower the term if you participate in an inpatient rehabilitation program approved by the Intoxicated Driver Resource Center.

You forfeit your right to operate a motor vehicle for 10 years. The penalties in New Jersey are extraordinarily harsh. All of these are mandatory. They are not subject to plea bargaining.

A Third Violation Is Not Subject to a Plea Bargain and the Penalties Are Mandatory

These are mandatory terms. You cannot plea bargain a DWI to something else, if the State has the evidence. Either you’re going to plea to it or you will have a trial because there is no plea bargaining. The offense cannot be downgraded.

When You First Retain an Attorney, He or She Will Request Discovery to Obtain the Information That Comprises the Prosecution’s Case

A Defendant is entitled to what’s called discovery where the attorney sends the prosecutor and the police a request for all of the data involved. This material includes the police report, the officer’s notes on the field test and all of the readings from the Alcotest instrument and all the calibrations and certificates showing that the officer has been properly trained.

The Attorney Will Review the Discovery for Probable Cause and to Examine if the Proper Protocol was implemented throughout the Arrest Process

Then what you’re paying the attorney for is to review all of this paperwork. Was there a probable cause for the officer to stop? Was there a valid reason for the officer to do the investigation, namely the field test and did he comply with all of the requirements for the Alcotest?

An Experienced Attorney Knows What to Look for to Build a Defense for His or Her Client

There are certain things that they have to do. They have to wait 20 minutes and observe the person in headquarters. Cellphones should not be around because of interference when the Alco test is given. Experienced counsel knows what to look for to defend the client.

A High Blood Alcohol Content Can Make the Case Difficult to Defend

A DWI defense can be quite expensive depending upon what is needed. If the facts are so cut-and-dry that for example, the client registered a very high reading of 0.20, it’s not likely, realistically, that that person is going to prevail in a trial. An attorney would certainly be able to evaluate the data. In many cases, there isn’t much leeway if you’re substantially above the limit.

Pricing it, you have to make a realistic assessment as to how far this case is going to go. Does the attorney think it’s going to go to trial? Everybody has a right to a trial. A client can be quoted a fee based upon evaluation of the discovery, appearance in court and a conference with the client. There can be other costs for an expert’s opinion, report, preparation and testimony at trial.

Our Offices
  • Whippany Office
    575 Route 10 East
    Suite 1
    Whippany, New Jersey 07981
    Phone: 973-428-0800
    Fax: 973-428-0830
  • New York Office
    420 Lexington Ave.
    New York, New York 10170
    Phone: 646-213-9053
Testimonials
  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought."  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services."  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful.I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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