Jersey City NJ DWI Defense Attorney
Second Offense DUI Lawyer in Hudson County NJ
Persons convicted of a DUI in New Jersey will be encumbered by inconvenient and stifling penalties. This is even truer for those individuals who are facing a second DUI. Punishments such as mandatory fines, annual DMV surcharges, insurance surcharges, imprisonment, and most notably license suspension can intrude on every aspect of someone’s life. Unlike other states, New Jersey does not permit any conditional licensure that would allow the defendant to drive to pre-approved locations. Accordingly, if you or a loved one lose your license because of a DUI conviction, then you will have absolutely no recourse through DMV or the state to ease the burden of suspension. The only way to avoid these fines, jail time and driving restrictions is to have your charges dropped or dismissed outright. At the Law Offices at Jonathan F. Marshall, our team of DUI trial attorneys are experienced in handling all types of drunk driving charges in Hudson County. Our legal team will obtain discovery in your case and assess the strengths and weaknesses of the Prosecutors case. With over 100 years of joint experience, our law firm has the tools necessary to handle DUI cases in Hudson County. We have been defending individual’s charged with DWI in towns like Weehawken, Jersey City, Hoboken, North Bergen, Secaucus and Union City for over fifteen years. To speak with an attorney today, contact our Jersey Office free of charge at (201) 309-1800.
What is a DUI in Hudson County, New Jersey?
To prove that the defendant was driving under the influence, the Prosecutor must demonstrate the following five (5) elements beyond a reasonable doubt:
- Control of the vehicle;
- A present intention to cause the vehicle to move;
- Some action taken to place the vehicle in motion;
- The possibility of motion of the vehicle, &
- Intoxication of the driver (BAC above .08 for adults or .01 for persons under 21).
Driving under the influence has two primary component parts that the state has the burden of proving. First, the state must establish that the defendant was operating a motor vehicle. Second, they must demonstrate that the defendant operating the vehicle was under the influence of drugs or alcohol at the time of operation. Contrary to popular belief, defendant’s need not be driving the vehicle to be convicted of driving under the influence. If the State can show that the defendant had the capacity and intention to drive the car, then they are considered to be legally operating the automobile. This capacity to drive exists when the car is functional, the individual is in control of it, and the driver takes some action to set the vehicle in motion (such as putting the keys in the ignition or removing the parking brake).
What are the Penalties for a Second DUI Offense in Jersey City?
If the defendant is a repeat offender, then they will be subject to the following penalties:Second Offenses
- Mandatory imprisonment of at least 48 hours and up to 90 days or 48 hours in the Intoxicated Drivers Resource Center
- Mandatory Two (2) year loss of license
- Mandatory 30 days of community service
- $1,500 of State surcharges per year for three years
- Insurance surcharges
- Mandatory installation of ignition interlock device on the drivers vehicle during the period of suspension and then for one (1) to three (3) years following reinstatement
- Other mandatory fines totaling roughly $1,200
Hudson County NJ DWI Defense Firm
Defending against a DUI charge without certified legal representation is never an easy task. The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are available to protect your interests in your DUI case. For a free initial consultation, call our Jersey City Office and speak with an experienced attorney today about how we can defend against your pending DUI charges. For more information on the our unique DWI qualifications that the Law Office of Jonathan F. Marshall possess, please checkout our DWI page by clicking here.