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.