Third Offense DWI

Third Offense DWI Lawyer in Howell NJ

Are you facing your third, fourth or subsequent DWI charge? Would it surprise you to learn that we have succeeded in having many repeat offender cases dismissed? Would you be impressed knowing that we have handled scores of driving while intoxicated cases where jail was avoided for someone facing a third or subsequent conviction — even a sixth or seventh? The truth is that the lawyers on our staff have achieved these exceptional DUI results and that we can insure that you get the same opportunity, something that most firms cannot represent. The reason why this is the case is because the vaste majority of firms holding themselves out as DWI attorneys do not possess the experience, skill, and commitment necessary to achieve these often challenging and hard fought results. Our defense team is not only the largest in the state but probably the highest in terms of collective credentials as well. We have:

  • 5 of the approximately 50 lawyers in the state who are certified on the Draeger Alcotoest 7110 Breath Test Machine, the device typically used to measure blood alcohol concentration (“BAC”) in a driving while intoxicated case
  • 5 of the approximately 10 attorneys certified in standardized field sobriety tests, the basis for arresting someone and proving intoxication if breath test readings or blood samples are lacking or dismissed in a case
  • 3 of the 5 NJ attorneys who are instructors in Field Sobriety Testing
  • Former Prosecutors in over 25 area municipalities
  • Thousands of success stories in defending DWI charges over our collective years in practice (over 100 years)

If you were arrested for a third offense of dwi in Howell, Eatontown, Marlboro, or Highlands, you are facing a mandatory jail sentence of 180 days that is not subject to plea bargaining in terms of dismissal or reduction. So if you want to avoid a conviction and a mandatory 180 days in jail, your going to need the most qualified attorney you can afford at your side. Take a close look at credentials in selecting a lawyer rather than empty statements of experience. We are confident that should you select your counsel the right way, based on real credentials, you will definitely want to speak to use about handling your case in Wall Township, Tinton Falls or elsewhere.

Post Conviction Relief & A Wall Township Third Offense

The defense of a third offense case is significantly more complicated because it invariably triggers the need for post-conviction relief if you are going to cover all the basis for a client. Most firms either do not know how to utilize post-conviction relief or choose not to undertake this process in their defense. If this is the case, why is post-conviction relief so important? In order to give a client the absolute best chance of avoiding the penalties of a third conviction, it is necessary to exaimne the prior convictions and collaterally attack them as legally defective, seeking what we call post-conviction relief. We typically seek to reopen a prior driving under the influence case because of lack of representation in accordance with State v. Laurick, failure of the court to take a proper factual basis under State v. Barboza, or any other basis for relief that may exist (e.g. ineffective assistance of counsel). And the truth is that we are able to obtain some form of relief from a prior DWI conviction more often than not.

Penalties in Tinton Falls New Jersey for a Third or Subsequent Offense

In terms of the fines and other monetary assessments, as well as the period of license suspension, the penalties are relatively uncomplicated. A fine of $1,000 is imposed for a third, along with approximately $365 in mandatory assessments, surcharges and court costs. The drivers license suspension is ten (10) years. While the law also imposes a mandatory jail term of 180 days, an application may be filed with the court to allow the defendant to serve up to 90 days in an IDRC approved inpatient rehabilitation facility. The ability to serve this time in rehab is not a right but instead a matter that is in the discretion of the court. It should also be noted that the term of incarceration is supposed to begin immediately following a guilty finding and/or entry of a plea although an application to stay the sentence pending the outcome of an appeal may be filed with the court.

Lawyer for Third DWI Charge in Middletown NJ

A third offense of dwi is certainly a serious matter requiring a quality lawyer if the penalties set forth in N.J.S.A. 39:4-50 are to be avoided. We handle complicated drunk driving charges with success all the time and would be more than happy to discuss your case. There is no need for you to assume you are going to jail or losing your license for 10 years. However, eluding penalties for a third offense will require a thorough defense. Our attorneys know what it takes to effectively resist a conviction in Middletown, Freehold, Red Bank, Aberdeen, or Deal New Jersey. Give us a call anytime 24/7 for a free initial consultation regarding fighting your third DUI offense.

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