How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32324
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
11068102
Type Your Criminal Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

May have my third dwi in nj is there any hope of beating the

This answer was rated:

May have my third dwi in nj is there any hope of beating the jail time? My lawyer says it might be impossible yet I know people that had 3 and didn't have to serve anytime? Any thoughts would be appreciated thanks

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

In NJ a conviction for a third DWI offense carries a mandatory term of incarceration of 180 days. The only possible relief from the full and mandatory 180-day sentence is a discretionary day for day credit of up to 90 days that a defendant can receive for time spent in a residential, in-patient rehab facility. The facility must be one that is approved by the Intoxicated Driver Resource Center. The inpatient rehabilitation program is completely at the discretion of the judge and requires a formal motion which can be a part of the plea deal.

JD 1992 :

The only way that is available at this time of avoiding the mandatory jail sentence is to be convicted of something other than a third DWI.

Customer:

One of my last 2 maybe more then 10 years ago. Any chance of getting this one treated as a second offense

JD 1992 :

While you occasionally hear of someone not having the jail time it usually means their case was negotiated to something other than a DWI because the judge has no discretion on whether or not to sentence them.

JD 1992 :

Possibly, it depends on how strong their case is.

JD 1992 :

The weaker the case, the better your chance.

Customer:

Ok I ordered my complete driver history I could be wrong and both might be more then 10 years ago. At least I'm hoping

JD 1992 :

Good luck on that. If they are both more than ten you can get something else but if either of them is less than ten then it will count as a third.

JD 1992 :

Do you know you BAC?

JD 1992 :

your BAC

Customer:

Ok I hope they both are I know it was a long time ago

Customer:

I unfortunately refused it!

JD 1992 :

That's not always bad.

JD 1992 :

Anything else I can answer before I exit to assist others?

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) by clicking on a rating or a Smiley Face below so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

Customer:

Thank you

JD 1992 :

You're very welcome.

Dwayne B. and 2 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions