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  1. #1
    Join Date
    Mar 2016
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    3

    Default Second Offense DWI Charges With Test Refusal

    My question involves criminal law for the state of: New Jersey

    I have 6 tickets:
    1 for the DWI,
    2 for Refusal,
    1 officer complaint ticket for providing false name,
    1 for driving while on revoked list
    1 for not displaying DL

    Can anyone give me any advice because I cant afford a good lawyer so it will have to be a public defender. Secondly, If I decide I don't want my license back do I still have to go to court? And lastly, what am I looking at as far as punishment?

    Thanks

  2. #2
    Join Date
    Jul 2010
    Posts
    7,606

    Default Re: Second DWI with 6 Tickets

    A Public Defender can be a good attorney as well. There is honestly no advice we can besides that you need a lawyer. You are probably looking at some jail time in addition to fines, probation, etc..

  3. #3
    Join Date
    Oct 2016
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    3,043

    Default Re: Second DWI with 6 Tickets

    And just to clarify court is likely not an optional issue no matter if you want you license back or not.

  4. #4
    Join Date
    Mar 2016
    Posts
    3

    Default Re: Second DWI with 6 Tickets

    Thanks for the advice. Will proceed accordingly.

  5. #5
    Join Date
    Mar 2013
    Posts
    16,959

    Default Re: Second DWI with 6 Tickets

    Here's more advice: Get some treatment for your alcoholism.

  6. #6
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Second DWI with 6 Tickets

    You can get the most out of your public defender if you keep in contact with him/her, go to your officer conference, keep all your court dates, etc. PDs are very good attorneys because they handle a much higher volume of cases so they get a lot of experience quickly. The down side is you won't get as much of their time. But do your part and you can get the most out of the time your lawyer can give you. Ask your lawyer to negotiate away as many of the counts against you as possible. Whether there will be jail or not will depend in part on how long ago your prior DUI was. Less than 5 years and you are a more dangerous offender, statistically, than if it was say 15 years ago. Don't be a jerk, but don't be afraid to demand a trial if you can't get a reasonable offer. Find out what your lawyer knows about your judge. Sometimes you may be better off pleading open to the court rather than take a prosecutor's deal. Your lawyer can give you excellent insights on that angle.

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,619

    Default Re: Second DWI with 6 Tickets

    Quote Quoting adjusterjack
    View Post
    Here's more advice: Get some treatment for your alcoholism.
    Agree with Jack, that is the most important thing right now.

    Moving on to what you face in court if your conviction for your prior DWI were within a 10 year span.

    1. Loss of your drivers license for two years (mandatory).
    2. Jail time between 2 and 90 days (mandatory), that's right, you will see jail time. If you happen to get a 3rd DWI, mandatory 180 days of jail time, but lets cross that bridge if you get there...
    3. 30 Days community service
    4. Fine of not less then $500 and no more then $1,000
    5. 12 to 48 hour Intoxicated Driver Resource Center
    6. $3,000 insurance surcharge paid over three years
    7. Ignition interlock device while suspended and up to three years there after (mandatory)
    8. The cost of and the installation charge for the device to be placed in your vehicle
    9. $75 Neighborhood Services Fund Surcharge
    10. $100 Alcohol Education and Rehabilitation Fund
    11. $230 to $280 IDRC Fees
    12. $33 court costs
    I may have missed a few minor things but that covers the basics...

    The refusal charges are loss of DL for 2 years and a fine of not less then $500 or more then $1,000. (each count)

    The charge for driving while suspended is a $500 fine. If you were suspended because of your prior DWI, you face 10 to 90 days in jail. Be forewarned, a third offense for driving while suspended for you would be a crime in the state of NJ. (N.J. Stat. 2C:40-26(1)(a)).

    For not displaying your DL ticket, it is a $150 fine

    What is the statute for"providing false information" to the officer? 2C:28-4 / 2C:29-3
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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