Sentence and Appeal

1. What other post-convictions applications can a DWI defendant file? The Rules of Court provide a variety of legal procedures that can be used by a DWI defendant to challenge his DWI conviction. These applications include a motion to reconsider the judgment, a motion to withdraw a guilty plea, a motion for a new trial, […]

1. What is a petition for post-conviction relief? If you are charged with a second or a third DWI offense then you could face a very harsh jail term and driver’s license suspension if you are convicted. You may believe that it is impossible to reverse a DWI conviction. However, you are wrong! Thankfully, there […]

There are a number of common issues that arise in the context of a municipal court DWI appeal. Some issues may be procedural, such as defects associated with the taking of a guilty plea, while others may be more substantive, such as motions to suppress evidence, motions to exclude a confession, and sentencing errors. In […]

What is a Laurick issue and how can it help me avoid going to jail for my upcoming DWI case? A critical issue in any multiple DWI case is whether a defendant has a prior DWI conviction(s) wherein he has entered an uncounseled guilty plea. In many DWI cases, a defendant enters a guilty plea […]

1. What is New Jersey’s 10 year-step down rule? In New Jersey if there is more than ten years between convictions, then the Municipal Court will apply the “step-down” provision when issuing the penalties. The “step-down” provision as described in N.J.S.A. 39:4-50(a)(3) provides: A person who has been convicted of a previous violation of this […]

1. How do I prepare for a DWI sentencing in Municipal Court? The practice of DWI law has essentially “morphed” from trying to beat the case, to instead getting the most lenient sentence possible for the defendant. Most of the sentencing in a DWI case is mandatory, thus you can argue until you are “blue […]

FIRST OFFENSE (Driving While Impaired) .08% but less than .10% (per se) or under the influence of alcohol. Fine: $250 to $400 IDRC: 12 to 48 hours Jail: Up to 30 days Loss of driver’s license 3 months FIRST OFFENSE (DWI) .10% or higher (per se) or under the influence of alcohol. Fine: $300 to […]

The Interstate Compact If a driver is convicted in New Jersey, then he will lose only his driving privileges in the State of New Jersey. However, New Jersey will report conviction to home state. Thereafter, your home state also suspend your driver’s license for whatever period someone in your state would receive if he were […]

ROUTINE DRUNK DRIVING CASES – FIRST OFFENSE A defendant who enters a plea of guilty or who is found guilty for a first time DWI is subject to a range of punishments. He is required to pay a fine in the range of $25o to $400. In addition to whatever the fines that are imposed, […]

An out- of -state conviction for a DWI of a substantially similar nature, will constitute as a prior DWI offense in New Jersey. It is however possible to exclude the out of state conviction by proof that the conviction was based solely upon a violation of a proscribed BAC of less than .08%. There are […]

DWI APPEALS A DWI defendant may appeal either the sentence or the finding of guilty to the Law Division of the Superior Court. The New Jersey Municipal Court system of justice is one of the finest systems in the county. However, the New Jersey Municipal Courts are often influenced by local politics. There is a […]