Defending Multiple DWI/DUI Convictions
More than one conviction for a DUI, DWI or Breathalyzer Refusal in New Jersey will result in consequences much more severe than for a first DUI offense. At The Law Offices of Anthony N. Palumbo, there are many ways I may be able to have your subsequent DUI charge considered your first offense. If you have multiple DWI contact me today and see what an experienced New Jersey lawyer can do for you. Call 908-643-6801 for a Free Consultation.
There are many ways to have a subsequent DUI/DWI charge downgraded for a first offense.
- If your first DUI charge was not resolved when you received the second charge, I may persuade the judge to have the multiple sentences run together including both license suspension periods.
- In order for an out-of-state DUI offense to be considered a first offense in New Jersey, your act must have constituted a DUI under New Jersey law. If you are being charged with a second offense in New Jersey because of an earlier out of state offense, I may be able to use discrepancy between the two laws to show that your prior out-of-state offense did not meet the requirements for a first offense in New Jersey and therefore your current offense should be considered your first offense.
- If you have previously been convicted of a breathalyzer refusal charge in New Jersey and you have been charged with DUI offense, that offense must be considered your first offense even though you were previously convicted for breathalyzer refusal.
- If you were not represented by an attorney or did not adequately consent to the plea in his first DUI conviction, I can ask the court to consider this your first offense when sentencing. This can be obtained by launching a collateral attack on the earlier DUI convictions. Under New Jersey law, a prior DUI conviction cannot be used to put someone in jail unless there was a full and knowing guilty plea in all prior proceedings. So for instance, if a person was convicted of a prior DUI because he entered into a plea without a lawyer, the court will usually allow the third DUI charge to be considered a second offense.
If you have been charged with multiple DUI/DWI in New Jersey, I may be able to seriously reduce the charges you are facing by arguing your subsequent defense down to a first offense. It is important to understand that I will also do everything in my power to have the subsequent charge completely dismissed. There are many ways to challenge a drinking and driving charge including determining if the traffic stop was proper, if there was probable cause to believe the driver was drinking, if the chemical tests were administered properly, as well as many other defenses.
I defend individuals accused of DUI offenses in Essex County, Middlesex County, Hudson County, Monmouth County, and Union County including the towns of Linden, Scotch Plains, Cranford, Elizabeth, Westfield, Mountainside, Garwood, Clark, Rahway, Roselle, Roselle Park, Union, Fanwood, and Berkeley Heights.
Call 908-643-6801 for a Free Consultation.