Legal Question in DUI Law in New Jersey

can nj hold a impaired driving conviction against me i recieved as a minor 28 years ago and count it towards a multiple dwi


Asked on 11/30/10, 3:30 pm

1 Answer from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Depends, if that was your first DWI conviction and you are now facing a second, there is a provision within the DWI statute that permits the current offense to be treated as a first offense in regards to the penalties that you are facing (when the prior offense was more than 10 years ago). If the current offense is not your second, but lets say for arguments sake say your third and you already used the (ten years rule known as the step down provision) for your second offense, then that 28 year old conviction would be considered a first offense with respect to how a Court would sentence you on your third offense. Since you can only benefit from the 10 year rule once, for the third offense the person (among other fines and penalties) would be facing a 10 years loss of your NJ license (or 20 years) if in a school zone and 6 months in jail. the simple answer, therefore, without going into anymore detail is that a Court could view that 28 year old conviction in different ways depending on what has happened in your life your since then, so you really should consult with an experienced municipal Court attorney to assist you. It would be crucial to examine your driver's abstract and/or other information to fully assess the potential penalties that you may face, please call me (973)-723-8995, i never charge a fewto speak to someone about their case.

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Answered on 12/05/10, 6:58 pm


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