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NJ DUI 3rd offense; resentencing 3 years after guilty plea and completion of sentence.
I received a 3rd DUI in May 2005. The first was in 1986, the second in 2002. The 2002 charge was considered a 1st offense, since more than 10 years had passed. Case law in NJ dictates that the step down is a one time thing and a subsequent charge is treated as a 3rd offense. However, my lawyer successfully lobbied for the 2005 charge to be treated as a 2nd rather than a 3rd offense. I pled guilty to a 2nd offense, with my lawyer, the prosecutor, and the judge knowing that it was actually my 3rd DUI. Two years later, having satisfied all of the requirements of the 2nd offense sentence, I was about to get my license back when I received a new summons on the '05 offense, saying that I was now to be charged as a 3rd offender. I figured it had to be a mistake, and I went to the court to explain the situation. The judge explained that it was not a mistake, that the '05 charge HAD to be a 3rd offense, and that the 2nd offense sentence (which I had almost completed) was illegal. He informed me that the situation called for a 3rd offense charge, and that the previous judge lacked the discretion to give me a second step down. He said that the 3rd offense sentence was mandatory, and that any sentence falling short of the mandatory minimum was illegal. He informed me that an illegal sentence can be corrected at any time, and that I was now facing a 10 year license suspension and 6 months in jail for a charge to which I had pled guilty more than 2 years ago. My lawyer argued the fundamental unfairness of changing the sentence after a guilty plea, and the judge stayed the new sentence pending an appeal to the Superior Court. After the stay, I was allowed to get my license back, having completed the original sentence. My lawyer attended the appeal without my presence, and his argument fell on deaf ears. He was told that the original judge erred in allowing the charge to be treated as a 2nd offense, that the 3rd offense charge was beyond discretion, and that the illegal sentence had to be corrected. My lawyer argued that we would have never pled guilty if it was going to be a 3rd offense. He did win relief on this, so as a compromise I was allowed to withdraw my guilty plea. The 3rd offense charge has now been reinstated, and I have a new court date in an adjacent town (new judge, new prosecutor) set for Dec 16. I am now unrepresented, as my lawyer doesn't seem to have a good strategy for fighting the charge. My choice is to pay him a lesser amount for subpar representation, or to pay a DUI lawyer 5 times as much on a wing and a prayer. I truly can not afford to pay a DUI lawyer $10G. What are my options here? Can they really do this to me? Here are the circumstances that led to the '05 arrest: the officer watched me leave a local bar and followed me as I drove home. He pulled me over less than one block from my house, saying I was driving erratically. I was not speeding, and I do not acknowledge driving erratically. My BAC was slightly above .20, more than twice the legal limit. Please advise.
It sounds to me like your first attorney did a fabulous job for you. Your characterization of his job being "sub par"...
If i got a a1 dui in pennylvania. Mi license didt get suspende but i got convicted of a dui. Then i got a dui in new jersey
Will it be mi second dui and get the conseques for a second ?
If you did the ARD program in PA (which expunges a first DUI in Pennsylvania, perhaps the only state that does that)...
Am I in fresh legal trouble?
I got a second dui about 3 years ago in NJ. Paid my surcharge off, paid suspension, and all other costs. Havent driven since, but never got the interlock. Court said I needed it on for a year while suspended, then 2 while driving. DMV says I can get an interlock and start driving. Who is right, and am I going to get in more trouble now?
You will need to get the interlock installed in order to drive in the state of New Jersey. You will not be restored...
Is there anyway to avoid jail time for a suspended license on a second DUI?
I was pulled over with a suspended license for my second DUI. While driving, I was sober and not speeding or performing any other traffic violations. Is there anyway to request excessive fines or community service in lieu of jail time? I've also never committed any crime other than the DUI. Begging for any suggestions or guidance. Thank you
No, it is not possible. IF you are convicted, the jail time is mandatory. You may be able to avoid a criminal...
Got Dui in nj.
Told I have to get interlock. Wife has new car and have a old car. If I get intetlock on my car does that mean I cannot dive hers when we go on vacation?
The law requires you to install an ignition interlock device on your vehicle. Do not read anything else into it. Best...
Can I apply for US Citizenship if I had a DUI conviction?
I am a legal immigrant living in the US for over 10 years. I recently had a DUI conviction (a misdemeanor) that results in NO jail time, NO driving privilege suspension, ONLY probation for 2 years (required to phone in once a month) Can I apply for naturalization? Or must I wait?
With a simple DUI or DWI on your police record (that is, not one that's mixed in with other crimes or aggravating...
Dui interlock question
I had to get Interock in my car for dui conviction. What would happen if I got pulled over and was driving my wife car?
If your wife's car does not have an interlock device installed, you may be subject to a violation of N.J.S.A. 39:4-50/...