The Costly Mistakes People Make After Being Charged For DWI

Posted on July 31, 2008 by Tom Martin

Being arrested for DWI or Refusal is a traumatic circumstance and can result in huge fines, license loss or suspension, jail and high insurance rates. DWI's are tough cases from a defense perspective. To give yourself a fighter's chance, you need to hire an attorney who handles DWI and criminal cases regularly.

1. Not giving the matter the serious attention it deserves or believing you can't win. If you are convicted for DWI or Refusal, this charge will remain on your driving history forever and could cost you from being hired in potential job fields. The motor vehicle surcharges and insurance increases alone will cost you thousands of dollars.

2. Not hiring a DWI or Criminal Attorney. Everyone has some cousin, friend, or friend of a friend who is an attorney who does real estate closings, divorces or bankruptcy law. The mistake comes into play when you hire an attorney who does not handle DWI cases on a regular basis. The case law and statutes are complex and you need competent representation by an attorney in this particular discipline. 

3. Retaining a Lawyer based solely on the lower cost of the fee. The municipal prosecutor and police have alot of resources when it comes to trying to convict you of DWI. A person needs to retain a lawyer and pay an amount which will allow the lawyer to put the resources and time into your defense. If you shop for too low of a fee, your attorney will likely not be able to afford the time necessary to defend you and may simply be contemplating pleading you guilty from the "get go."

4. Not requesting a copy of the discovery (police reports, certificates and other evidence) from your attorney or hiring an attorney who fails to supply you with a copy of the discovery. A client should always review the discovery to help assist his or her attorney in the defense.

5. Driving after your license has been suspended for DWI. If you are caught driving on the suspended list for DWI, you face an additional one to two year loss of your driver's license and 10 to 90 days in jail. If there is a car accident, regardless of fault, it can be an extra 45 to 180 days in jail. If there is personal injury you may receive State prison time. These penalties are in addition to the time you will serve in jail for driving while suspended.

6. Not hiring an attorney who is versed with respect to your constitutional rights. For instance, if your attorney is incapable of identifying that the police lacked a reasonable suspicion to stop your car or have probable cause to arrest you, then you have been done a disservice.

7. Hiring an attorney who takes the prosecutor's first offer. It is rare for a case to be dismissed or reduced to a non DWI offense at the initial appearance. Without retaining a defense expert or without filing motions, the prosecutor is unlikely to concede a favorable deal on the first appearance.

8. Forget or fail to appear in Court. When this happens, the Court will issue a bench warrant for your arrest and revoke any bail or bond you posted.

9. Talking to someone about your case other than the lawyer you hired. Anything you say to a cop or any person can be used against you. Additionally, talking to a non-lawyer about your case will only lead you to make baseless and erroneous asumptions about the strengths and weaknesses in your case.

10. Representing yourself in Court. The old maxim that "the person who represents himself has a fool for a client" still rings true. You need to have a DWi or Criminal Attorney go to Court with you.

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WARNING: Traffic Points Can Still Be Assessed If The Ticket Was Dismissed

Posted on June 26, 2008 by Tom Martin

Ooops! Points on your license can now be assessed against your driver history, raise your insurance rates and lead to a future suspension, even when the ticket has been dismissed in Municipal Court as part of a plea bargain. For instance, the New Jersey Motor Vehicle Commission (NJMVC) has started to assess points on traffic tickets that were deemed in court as dismissed via merger. This craziness originates from an unpublished Appellate Division case titled State v. Price. The Price opinion held that points connected with violations that are dismissed by way of merger into the more serious included offense survive the merger and should be assessed to a driver.

By way of example, say a person is charged with driving while intoxicated (the more serious offense-DWI is codified as N.J.S.A. 39:4-50) and reckless driving (the lesser included offense of DWI; which carries 5 points and is codified as N.J.S.A. 39:4-96) and after a consulation with an experienced attorney (who has throughly reviewed the discovery and filed all applicable motions), it is clear that there are no defenses to the DWI. Then in this instance, if a plea bargain is struck, the driver would plead guilty to DWI and the reckless ticket would be dismissed by way of merger (thus appearing to save the driver 5 points). However, under State v. Price, since the dismissal of the 5 point reckless ticket was by way of merger, then NJMVC will assess the 5 points; unbeknownst to the driver.

The proper approach for dismissing this ticket is by motion of the Prosecutor (State) for a directed verdict of not guilty; which should insulate your from NJMVC points.
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DWI PENALTIES CHART

Posted on June 14, 2008 by Tom Martin

As promised in a previous DWI post, the following DWI Penalty chart provides an accused with an idea as to the penalties they are facing under N.J.S.A. 39:4-50. However, if you have a commercial driver's license (CDL) or have been charged with driving in a school zone, you should be advised that there are additional signifcant penalties and you should contact an attorney at once.

PENALTIES FOR DWI UNDER N.J.S.A. 39:4-50 as of 6/11/08

Does Not Include the Penalties for School Zone Offenses

DWI 39:4-50

Operate or Allowing

1st Offense Per Se Alcotest or Breathalyser Reading of  0.08% but  < 0.10% alcohol while operating or allowing operation

N.J.S.A. 39:4-50(a)(1)(i)

1st Offense Per Se Alcotest or Breathalyser Reading of 0.10 % alcohol or operating under the influence of drugs at any intoxicating level

N.J.S.A. 39:4-50 (a)(1)(ii)

2nd Offense Within 10 years of any previous violations of DWI  in NJ or any State in the U.S.A. 

N.J.S.A. 39:4-50(a)(2)

3rd or Subsequent Offense Within 10 years of of any previous violations of DWI  in NJ or any State in the U.S.A. 

N.J.S.A. 39:4-50

Fines

$250-$400

$300-$500

$500-$1000

$1000

Jail

Up to 30 days in jail at the discretion of the Judge

Up to 30 days in jail at the discretion of the Judge

From 2 to 90 days in jail

Jail for not less than 180 days; however, the Judge may reduce such term for each day served in an IDRC approved in-patient rehab center. However, you can only get a maximum 90 days of jail time credit this way

Driver's License Supended or Revoked

3 months driver's license suspension 

7months to 1 year driver's license suspension

2 year suspension of driver's license

10 year suspension of driver's license

Driver's License Suspened or Revoked Under 17 years old 

Suspension to run through 17th birthday & thereafter for 3 months

Suspension to run through 17th birthday & thereafter for 7 months to 1 year

Suspension to run through 17th birthday & thereafter two years

Suspension to run through 17th birthday & thereafter ten years

Other $ Penalties

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

VCCB $50

DDEF$100

SNSF $50

N.J.S.A. 39:4-50(i) $100

Other Mandatory penalties per N.J.S.A. 39:5-41

Other Non $ Penalties

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)

Community Service

No community service for a 1st . offense

No community service for a 1st. offense

Shall serve 30 days Community service

No community service for a 3rd or subsequent offense

Intoicated Drivers Resource Center

12 to 48 hours at IDRC & satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

12 to 48 hours at IDRC & satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.

Ignition Interlock Device or Suspended Registration

Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than  6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense. 

Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than  6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense.

Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 2 years per N.J.S.A. 39:3-40.1.

Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 10 years per N.J.S.A. 39:3-40.1.

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What Are Surcharges and When do They Arise?

Posted on May 6, 2008 by Tom Martin

What are Surcharges and Do They Affect Me?

Surcharges are monetary penalties  assessed by the Motor Vehicle Commission (MVC) on a yearly basis for drivers who have been issued excessive points or committed a specific violation such as DWI. Surcharges are in addition to any court fines and penalties and are assessed by the MVC.

Why do I get surcharges?

Your motor vehicle history is checked by MVC every time points are assesed to it. If you acquire six (6) or more points within three years from your last posted violation, you will receive a $150 surcharge plus $25 for each additional point. The following is a list of surcharges that apply to specific convictions for offenses. They are...


$100 per year-driving without a license
$250 per year-driving with a suspended license
$100 per year-failure to insure a moped
$250 per year-operating an uninsured vehicle
$1,000 per year-DUI, for 3 years
$1,000 per year-Refusal to take breathalyzer test, for 3 years


If you fail to pay your surcharges, MVC will suspend your driving privileges indefinitely and take action in the State Superior Court. This can result in a police officer stopping you and charging you with driving while suspended; if you are caught operating a motor vehicle. Which in turn can lead to additional fines, suspension and surcharges.  It is required by law that if you change your address, you must notify MVC of your address change. As a practical point, this should be done any way so that if you are scheduled to be suspended, MVC will know where to serve you with written notice. This will permit you to become current with your surcharges, prior to being suspended.
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How Do Motor Vehicle Points Affect Me?

Posted on May 6, 2008 by Tom Martin

New Jersey Motor Vehicle Commission (NJ MVC) Points

          We have all heard, either through a driver's education class or by the angry police officer standing next to our car, that "driving isn't a right, it is a privilege." If you are found guilty or pled guilty to a traffic infraction (such as speeding, reckless driving, driving without insurance, DWI or while suspended, etc.), your privilege to drive may be revoked or suspended. This will result in fines, yearly surcharges, increases in your car insurance premiums and even jail. The severity of your actions are patrolled by the MVC using a point system. When you are convicted of certain moving violations, MVC will punish you by adding points to your driving history or abstract. As a general rule, you only get points on your record for moving violations.

How do Points Affect Me?

When you receive six (6) or more points within the previous three (3) years on your driving record, you will be assessed a yearly surcharge for three straight years. When you get twelve (12) or more points on your driving abstract, your license will be suspended. The MVC will mail you a notice of scheduled suspension by mail. When this happens you may want to contact an attorney who can eliminate the suspension or lessen the length of the proposed suspension at a MVC hearing.


How Can I Eliminate Points from My Record?

When you remain offense free for an entire year and your license is in good standing for that year, MVC will take up to a maximum of three (3) points off your motor vehicle record. There are also certain driver improvement courses that can eliminate points. However, it is best to check with the MVC to see whether you are eligible to receive a point reduction or whether the class you are taking is a qualified driving course approved by MVC.

What is the Best Way to Advoid Points?

The best way to avoid points, surcharges, license suspensions and possible penal consequences is to follow the rules of the road at all times. However, no one is perfect and things happen. If you have been stopped by a police officer and issued tickets for moving violations, you should try and obtain a free consultation with an attorney skilled in traffic and criminal law. An attorney can advise you as to your best course of action, your rights and the penalties that you are facing. Attorneys, through their education, skills and knowledge of the Courts, may be able to eliminate all of the points or eliminate the suspension or jail consequences associated with a particular offense.  
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