A drunk driving charge can result in serious punishments, including the suspension of your driving privileges. Driving while your driver’s license has been suspended as a result of a DWI conviction can result in even more serious punishments, especially after a new ruling.
A New Jersey court ruling makes jail time mandatory for individuals driving while suspended after a drunk driving conviction. This equates to the individual picking up the proverbial “Go to Jail” card for a minimum of 180 days. The individual will not be allowed to:
- Seek any substitutes for this punishment
- Get early release for his or her behavior
- Get house arrest
- Qualify for some other program to serve the time
Instead, the defendant will have to serve the 180 days sitting behind bars if he or she chose to drive while suspended after a drunk driving conviction.
The Controlling Case of State v. Harris
On February 4, 2015, the Appellate Division of the New Jersey Superior Court in the case of State v. Harris, No. A-0162-13T1 (N.J. Super. Ct. App. Div. Feb. 4, 2015) examined the cases of five individuals who pled guilty and were separately convicted of driving while suspended after a drunk driving conviction. Each of these five individuals were allowed to serve their time under house arrest or some other program instead of serving time behind bars. The defendants’ sentences included alternatives to jail time, including a house arrest program known as the Home Electronic Detention System (HEDS) and a work program known as the County Supplemental Labor Service Program (CSLS). The Camden County prosecutors did not agree with the judicial interpretation of the sentencing laws. The five individuals appealed.
The laws regarding sentencing for this offense clearly state that the judge is required to impose a minimum sentence of 180 days behind bars and the individual convicted of the crime is not eligible for parole.
The court stated in the Harrison decision that the legislature clearly had a purpose in imposing a mandatory jail sentence. Although there are other options available in place of serving jail time, participation in such options (such as community service or substance abuse programs) would not ensure the safety of the public in removing the individual to avoid a repeat of the same offense. Only a mandatory jail time would.
Facing DWI Charges? Immediately Hire an Attorney!
If you or a loved one has been arrested for alleged drunk driving, or arrested for driving while suspended after a DWI conviction, you need the assistance of a knowledgeable and experienced DWI attorney.
Although even the most experienced attorney may not be able to help you escape the mandatory jail time of 180 days, he can help you fight other charges that may further enhance your sentence
Call Us
If you’ve been in an accident and alcohol was involved, immediately call us. For more information or to schedule a free consultation with drunk driving attorney Dan Matrafajlo, please call Beninato & Matrafajlo Attorneys At Law, LLC at (908) 248-4404.
