Second Offense DWI

Second Offense DWI Lawyers in Middletown NJ

If you have been charged with a dwi and it is your second offense, we can help. The driving while intoxicated defense team at our firm, The Law Offices of Jonathan F. Marshall is not only largest in Monmouth County, but the highest certified one as well. With five (5) of the approximately 10 lawyers in the state who are certified in Field Sobriety Tests, and 3 of whom are actual instructors in these tests, we are highly skilled in fighting both your arrest (i.e. did you fail the roadside tests such that an arrest was proper) and the underlying driving while intoxicated charge. We also happen to be the only firm in Monmouth County with more than one attorney certified on the Alcotest 7110 Breath Test Machine, the instrument that was presumably used to evaluate your blood alcohol content (BAC); we have 4 lawyers who are certified. All of these credentials are extremely important in a second offense setting since a higher number of them are tried than a first offense or even third offense. If you are faced with a second offense in Deal, Asbury Park, Brielle, Eatontown or another municipality in Monmouth County, call our office for an immediate consultation with one of our lawyers.

New Jersey Law: Second Offense Penalties

With respect to a second offense, subsection (2) of N.J.S.A. 39:4-50 provides that:

“For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days…and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction….For a second violation, a person also shall be required to install an ignition interlock device.”

Explanation of this Section. In terms of the amount of fines and jail to be imposed, the court is to consider seven (7) factors: (1) the proximity in time of the first offense and second offense (e.g. is it less than 3 years); (2) BAC at the time of the stop; (3) whether there was an accident and the injuries and damage involved; (4) cooperation with police after the stop; (5) whether there is a step down that may apply; (6) nature of driving prior to the stop; and (7) position of any victims at the time of sentencing. In addition to the mandatory fines, the state imposes numerous financial assessments if someone is convicted of a second offense. There is an assessment to the Victims of Crime Compensation Board of $50, Safe Neightborhood Fund of $75, DUI Enforcement of $100, DUI Surcharge of $100, and Court costs of $33. Installation of an ignition interlock is mandatory and is to be in place for a period of at least one (1) year and as much as three (3) years, in the discretion of the court. Lastly, there is a mandatory forty eight (48) hours that must be served in the Intoxicated Drivers Resource Center upon conviction. This time may be applied toward the previously set forth jail time for a second offense.

Howell New Jersey Second Offense DUI Attorneys

There is no wiggle room on a second offense and this is a key reason why your charge in Howell, Middletown, Holmdel, Tinton Falls or elsewhere will probably need to go to trial. There is no first tier of penalties for a second offense nor ability to obtain relief from a component of the mandatory penalties (e.g. getting a third offense treated as a second for purposes of incarceration so the mandatory 180 day jail is avoided). You clearly want to have an attorney who is prepared to proceed to trial when you are faced with a second offense although many individuals fail to appreciate this when they engage representation. They unfortunately discover weeks or months into a case, when it is too late, that their lawyer has no desire to see the case through a contested trial. This is not the philosophy of this firm as our team includes individuals who are not only highly skilled but also committed to fighting for the best result. We would like to discuss your case in a free initial consultation. You are invited to give us a call or to set up an appointment in our Tinton Falls, Red Bank, Wall, or Freehold Office.

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