Articles Posted in Third or Subsequent Offense DWI

Under New Jersey law, a person convicted of a second or subsequent DWI may be subject to additional penalties. Further, a defendant may face additional penalties if he or she was previously convicted of a DWI or a similar offense in a state other than New Jersey. Recently, a New Jersey appellate court addressed what constitutes a similar offense for purposes of subsequent convictions in a case in which the defendant argued that a prior conviction for drunk driving in New York should not count towards his penalty assessment. If you are accused of a second or subsequent DWI offense in New Jersey, it is advisable to consult a seasoned New Jersey DWI defense attorney to talk about your potential defenses.

Facts of the Case

It is reported that the defendant was charged with and convicted of committing a DWI offense. The defendant had a prior New Jersey DWI conviction as well as a conviction for driving while his ability was impaired in New York. Thus, the court considered the defendant as a third time DWI offender and sentenced the defendant to a 180 day prison sentence and a ten-year license suspension. The defendant appealed, arguing that the trial court erred in deeming his New York conviction a violation of a substantially similar law. On appeal, the court affirmed.

Violation of a Substantially Similar Nature

Under New Jersey’s DWI law, a conviction for violating a law in another jurisdiction that is substantially similar in nature to New Jersey’s DWI law is considered a prior conviction for New Jersey DWI purposes, unless the defendant produces clear and convincing evidence that establishes that the conviction in the other jurisdiction was based solely on a violation of a law involving a blood alcohol concentration of less than .08%. Thus, New Jersey courts have held that a New York driving while ability is impaired conviction is substantially similar to driving under the influence pursuant to New Jersey law for the purposes of sentence enhancement, unless the defendant can prove otherwise. Continue reading

In many instances in which a defendant is charged with a DWI offense, the key disputed issue is whether the defendant actually operated a vehicle while intoxicated. Thus, in many cases, the prosecution will seek to introduce circumstantial evidence that suggests the defendant was driving prior to his or her arrest. Any court considering what evidence should be admitted must conduct a balancing test between whether the evidence is relevant or unduly prejudicial. However, the introduction of inappropriate evidence may constitute a violation of the defendant’s rights. This was evidenced in a recent case in which the court overturned a verdict convicting the defendant of multiple DWI related crimes due to the admission of inappropriate hearsay evidence. If you are a resident of New Jersey currently faced with DWI charges, it is important to retain an assertive New Jersey DWI defense attorney who will fight to protect your rights.

The Defendant’s Charges and Convictions

It is reported that the defendant was charged with driving during a license suspension for a second or subsequent DWI, DWI, and numerous other traffic offenses. The main issue at trial was whether the defendant actually operated the vehicle prior to his arrest. The defendant presented testimony from his wife that she was driving and left the defendant by the side of the road after an argument. Conversely, the State presented testimony from the arresting officer that he was dispatched after a 911 call reporting that an intoxicated male had crashed his vehicle and was stuck on the side of the road.

Following the trial, the defendant was convicted of all counts and sentenced to 365 days in jail for the crime of driving with a suspended license and 180 days in jail for the DWI. The defendant appealed, arguing that the trial court erred in admitting hearsay testimony regarding the 911 call. Upon review, the appellate court agreed, finding the testimony was hearsay and unduly prejudicial, and reversed the defendant’s convictions. Continue reading

Multiple DWI convictions can result in severe consequences, including the loss of a driver’s license. Thus, it is prudent for anyone charged with DWI to consult an attorney to discuss which defenses may be available to help avoid a conviction or reduce any penalties. This was demonstrated in a recent case, in which a defendant sought to appeal a prior DWI conviction that was entered following a hearing during which he was not represented by counsel. If you were recently charged with a DWI offense in New Jersey, a trusted New Jersey DWI defense attorney can discuss the steps that you can take to protect your rights.

Facts of the Underlying Case

The defendant was arrested and charged with DWI in 2003. He appeared before the court without counsel and entered a guilty plea. During the hearing, the judge advised the defendant of the consequences of entering a guilty plea and explained the impact of multiple convictions. The judge did not advise the defendant, however, that he had the right to request that the court appoint an attorney to defend him if he could not afford to retain counsel. The defendant entered a guilty plea, regardless. The defendant was subsequently charged with and convicted of two other DWI crimes. For his third offense, he received a 10-year license suspension.

In 2016, the defendant was arrested for operating a vehicle with a license that was suspended for a second or subsequent DWI conviction. The defendant was found guilty. Prior to sentencing, he filed a motion to withdraw his 2003 guilty plea. The municipal court denied the motion, and the defendant appealed. Following a trial before the Law Division, the defendant’s appeal was denied, and he was sentenced to 364 days in prison. He then appealed the denial of his appeal and his sentence.

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