Do I have to spend the entire six months in jail if I am convicted of driving while suspended for a second or greater time during a DWI suspension?

The New Jersey appellate division, in an approved for publication decision, ruled the trial court does not have any discretion to allow a defendant to show up for “nightly incarceration”. The appellate division affirmed the legislature’s mandate of a fixed term of 180 days for the 4th° offense without parole eligibility. In this case the…

Read More

Driving a Car After DWI Conviction in New Jersey

14-2-9522 State v. Jivani, 14-2-9523 State v. Kiefer Submitted by New Jersey DWI Lawyer, Jeffrey Hark What do I do if I am convicted of a DWI and drive a car and then pulled over in New Jersey with and charged with driving while  suspended under the traffic code and the criminal code! Also, what should I do…

Read More

Quasi-Criminal Nature of Vehicle Offenses at Sentencing

Submitted by New Jersey DWI Lawyer, Jeffrey Hark.                State v. Simpson, decided June 30th by the Appellate Division resulting out of a plead to an amended third-degree eluding charge, and DWI. A sentence of non-custodial (no jail time) probation on the eluding charge, and third offense DWI chargers (including 6 months in jail, and…

Read More

No Way Out of Jail For Driving While Suspended For DWI. Period.

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. If you are caught driving while your license is suspended for a second or subsequent DWI you will go to jail. There is no way around this whether through the Drug Court program. This requirement speaks to the public policy of protecting the public from drunk drivers.…

Read More

Running Engine Without Intent To Operate Insufficient For DWI

Submitted by New Jersey DWI Attorney, Jeffrey Hark You may have heard that you can be arrested and charged with DWI for sitting in your car with the keys in the ignition or the engine running regardless of whether you are actually driving. It is true that sitting in a vehicle with the engine running…

Read More

Harsher Penalties Proposed For Drunk Drivers

Submitted by New Jersey DWI Lawyer, Jeffrey Hark New Jersey boasts the lowest per capita rates of vehicle deaths caused by alcohol in the country. However there is still a push to make penalties harsher by Governor Chris Christie. Proposed Penalties for New Jersey DUI Offenses His proposals include widespread use of ignition interlock devices…

Read More