During the past year, the courts and legislature have both been busy considering issues related to Driving While Intoxicated (DWI) cases. This includes a New Jersey Supreme Court decision regarding DWI Sentencing Step-Down Provisions. Multiple DWI offenders are impacted by this case.
What are DWI Sentencing Step Down-Provisions?
DWI laws are part of New Jersey’s Motor Vehicle Statutes, starting with NJSA 39:4-50. Penalties for DWI convictions increase for multiple offenses. Notwithstanding, there are allowances associated with passage of time and repeated offenses. They are as follows:
- Second time violators may be treated as first time offenders if their first conviction is older than ten years from the new one
- If the second DWI conviction was more than 10 years ago, the court may treat the third offense as though it was the second one
What are the Penalties for DWI?
- First time DWI offenders in New Jersey receive lesser fines and sentences than those who have subsequent violations. Fines may be as low as $250 in some cases, together with loss of license for no less than seven months. In addition, they could be faced with jail time. Of course, any personal injury or death related charges changes a DWI offense from a motor vehicle issue to a criminal matter.
- Those who have second DWI violations are subject to $500 minimal fines. Various other sentencing may be appropriate, such as community service and incarceration. Second offenses carry a minimum two year license suspension
- Fines for third or subsequent DWI convictions subject the offender to a fine of $1,000.00. There is also a requirement for 180 day sentencing to county jail or workhouse. Loss of license is a mandatory ten- year sentence.
Invoking the Step-Down Provisions
Consider the case of State v. Revie, 220 N.J. 126, 104 A.3d 221 (2014). The defendant in this matter received his fourth DWI conviction. The Municipal Court, the Superior Court and the New Jersey Appellate Division all felt that the defendant was ineligible for the step-down provision. The New Jersey Supreme Court disagreed with the lower courts. The defendant was deemed eligible for the step-down provisions for his fourth infraction. Why the dispute?
In short, it appears that the defendant took advantage of the step-down provision for another of his past convictions. It was the feeling of the lower court judges that the defendant was not able to avail himself of that opportunity again. However, the Supreme Court differed in its published opinion. As long as the defendant’s last infraction was more than ten years ago, he was still able to have his case treated as a second offense.
Seek Legal Advice
Obviously, it takes knowledge of the law to invoke the step-down provisions. This is why it is important to retain an attorney who has a clear understanding of New Jersey’s drunk driving law. At NJ Tickets Attorneys, we deal with these issues on a regular basis. Contact us to schedule an appointment to discuss your DWI violation.
