New Jersey DWI Attorney John Menzel

What Happens If You Are Caught Driving On A Suspended License After A DWI Charge?

If you are caught driving on a suspended or revoked license after a DWI charge, the consequences will depend on the reasons for suspension or revocation and the number of prior convictions you have.

The first offense for driving with a revoked or suspended license includes a $500 fine and $40 court costs and a surcharge of $750 payable in three annual installments of $250 to the New Jersey Motor Vehicle Commission.  For a second offense, the fine is $750 and a one-to-five-day jail term.  For a third or subsequent offense, the fine is $1000 fine and a 10-day jail term.  If somebody is injured, even a minor injury, there is jail term of 45 days.  If the driving privilege suspension or revocation is for DWI or uninsured driving, there is a mandatory jail term of 10-90 days and an additional $500 fine.  It is potentially a fourth-degree felony with a mandatory jail term of at least six months and as much as 18 months if you are caught driving at a time when your license is suspended or revoked for DWI.

It’s not a good idea to drive while revoked in this state.  Some people feel compelled to do so to keep a job, care for elderly parents, or take kids to Little League.  Just keep in mind that every time you drive while your license is revoked, there is a very big downside risk if you get caught.

I Can’t Remember Anything About My DWI Arrest in Asbury Park.  Does This Mean I Should Just Plead Guilty?

Like Nashville, Tennessee, and Austin, Texas, Asbury Park is a hotbed for music in this country.  We have many restaurants and night clubs.  It’s a great place and a lot of people come here to have fun.

Blacking out after drinking in Asbury Park is not an uncommon occurrence.  Even if you do not remember anything about your DWI arrest, you should still never plead guilty.  If you’ve been arrested and don’t remember anything about the arrest, it’s likely you don’t know what the evidence is.  You should hire a lawyer to review the case because, even if it turns out that you are guilty, there may still be a chance to minimize the punishment.

The overall trial rate for DWIs in New Jersey is roughly one percent.  That means one percent of the cases where people are charged with DWI go to trial.  My trial rate is probably about 20 to 25 percent.  I charge a lot of money because I put a lot of work in and get better resolutions without trial.  Prosecutors know I’ll take the case to trial if they don’t make some kind of a concession.  Third offenders are a good example.  The basic difference between minimums and maximum penalties is an extra two years of interlock.  You are still looking at six months in jail, eight years of loss of license, $1,390 in fines, and a minimum of 180 days and a maximum of 6 months.  So why plead guilty?  We’ll take our shot at trial.

There is more of a range for penalties with first offenders.  Jail is almost never required for a first offense.  In my entire career, I’ve had 2 first offenders go to jail.  In one case, there was a dead body, and in the other case, there was a woman with a very serious brain injury.  Other than these extreme scenarios, in the thousands of cases that I’ve been involved with, jail is not much of a consideration when it comes to first offenses.  As for second offenses, things have changed with the law in 2019.  Prosecutors have a little more leverage because the range of punishments for second offenders is more significant.  There is a hard revocation of between one and two years followed by two to four years of interlock.  If you get a lawyer, we can keep that to a minimum even if you are guilty as sin.  But again, if the prosecutor is not going to make any promises or recommendations, you might as well go to trial.

Are You Familiar with the Prosecutors and Judges Who May Hear My DWI Case?

I’ve been doing this since the late 1980s.  I speak at conventions and seminars and have presented more than 200 times.  I’m a well-known figure in the state and know many judges—from not all of the more than 500-or-so municipal courts in the state, but in more than 300 of them throughout every county in the state.  I am a very big fish in the very little pond of DWI, breath test refusal, and vehicular offenses.

For more information on 2nd, 3rd & Subsequent DWI Charges In NJ,free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.

John Menzel, J.D.

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