Legal Question in DUI Law in New Jersey

Re: sleeping in car dui

If convicted, he would face sentencing as a 3rd offender. New Jersey DWI law will look at the gap between the 3rd and 2nd - if the gap is less than ten years (as it is here), the Defendant is a 3rd offender if convicted.

The fact that he was asleep in his car would be relevant to the issue of operation. The State must prove that element beyond a reasonable doubt. Generally, with this fact pattern, the State would have to prove that he drove at some point (an inference of operation), that he intended to drive, or that he admitted to either (driving or intending to drive).

There may be other defense issues. Without seeing all of the reports and records and conducting a complete investigation, the State's case, and the sentencing exposure cannot be fully assessed.

New Jersey DWI Defense

www.njdwidefense.com

Greggory M. Marootian, Esq.

Livingston, NJ

Phone: 1-973-994-3732

Cell: 1-201-404-8990

Home Office: 1-973-228-5586

Re: sleeping in car dui

Sorry to hear about your husband's situation. Unfortunately, it is correct that he would be considered a third offender if he pleads guilty or is convicted. As you may be aware, the consequences of a third are harsh - mandatory jail time usually for 6 months, 10 year lic. suspension, fines, etc. In some courts, however, there may be a way to avoid jail time if the facts dictate a plea or you lose at trial.

Before even reaching sentencing, however, the prosecutor must prove his guilt. The fact that he was asleep may be something upon which we can mount a successful defense and I would also want to know much more about the facts.

I am located in Cherry Hill and offer free consults on these matters. I recently handled two thirds and neither defendant served any jail time. The same may be possible in your husband's case. Feel free to give me a call or have your husband do the same.

Thanks,

Daniel B. Kelley

(856)616-8080

Re: sleeping in car dui

Yes this would qualify him as a third offender This is a strange new jersey law. However, he may have a defense to this one because he was not driving at the time he was arrested. The prosecutor needs to prove that he intended to drive, so there may be an out for him and a way to plea to a lesser charge. If you would like to discuss this matter further, call me I am located in Toms River 732-286-2170.

John Ducey

Re: sleeping in car dui

I just had a case with the same basic facts as you describe and I was able to convince the judge that it should be treated as a second offense since the immediate prior dui was treated as a first offense. As to the fact that your husband was asleep in the car, I would need more details. Depending upon what you tell me, there may be a way to beat this also. I represented people in the past who were in their car, parked, and depending upon the other surrounding facts in some cases they were convicted and in others they weren't. I am an attorney who has handled many cases similar to this in the past in various ocurts in New Jersey. Please call me at 908-272-0111 to discuss this case in more detail. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

Re: sleeping in car dui

Could possibly be a third conviction. The fact that your husband was asleep in his car would be relevant to a defense of whether he was operating the car. The State must prove that element beyond a reasonable doubt.

With a charge of DWI, it is still advisable to retain an attorney to review the State�s evidence against you. In general, the State has to prove you committed this offense, usually by the �beyond a reasonable doubt: standard. If they fail to prove the charge you cannot be found guilty. If you plead guilty or are found guilty you are subject to fines and penalties. Seeking an advice of an attorney is always advisable The minimum fines and penalties are:

Violation: N.J.S.A. 39:4-50 (Driving While Intoxicated/Driving Under the Influence of Alcohol) -

If you have a third offense, (if occurs within 10 years of 2nd offense) it is 180 days in jail, (may be lowered by 90 days community service) and ten (10) year driver�s license suspension and ignition interlock device for 1 to 3 years or revoke registration or plates for 10 years. Court may order supervised visitation program

In addition to the basic penalties, there are additional fines including a drunk driving enforcement penalty of $100.00, a $100 surcharge, a safe neighborhood penalty of $75.00, a $50 assessment to the Victims of Crime Compensation Board (VCCB. Finally, court costs of $30 may be imposed on the defendant. Accordingly, a defendant will be subject to at least $607 for a first offense of drunk driving. In addition DMV surcharges which could amount to $1,000.00 a year for three (3) years. A defendant will also be assessed nine insurance eligibility points.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. With more than 15 years experience, Blair represents clients in Municipal Courts throughout the State of New Jersey. The information contained in this response is intended to provide general information regarding a general legal question. This information contained in the response is not to be construed as legal advice and you should not rely upon any information as legal advice. Legal advice can only be obtained through a complete consultation with my office or an attorney admitted to practice law in your State. Any information obtained through this response should not be deemed to create any attorney/client relationship.

Please contact me for a free initial consultation.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com