Have you been charged with driving while suspended as a result of a DUI?
How many prior DWIs have you been convicted of?
Do you have two or more prior DWI conviction?
Did you print guilty to a DUI with or without an attorney representing?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark.
All of these questions come into play in this very recent Appellate Division decision. The issue in this case was whether a driver who had his license suspended from a DUI had one or two prior convictions.
The facts are pretty complicated however the defendant pled guilty to two prior DWIs which were subsequently vacated by a trial court. As a result of the prior DWI conviction being vacated, the defendant could not be indicted under New Jersey driving while suspended statute for two or more DWIs because of prior DUIs no longer existed. The attorney went back and attacked the two prior DWI conviction and have them removed. Put in other words, you have to examine your prior motor vehicle drivers abstract in detail, interview with attorney must be comprehensive, and take the necessary steps to play any indictment is the Pierier Court. Remember, under the criminal code indictment for driving while suspended there is a mandatory 180 day county jail sentence which cannot be for wall or reduce for any good behavior.
If you are charged with that type of offense you have to take the necessary steps with an attorney to review your prior drivers abstract in detail and fight these cases. Do you have an attorney who will fight for you? If you do not or you’re looking for an attorney to fight for you, call Hark & Hark.
Jeffrey S. Hark, Esq.