Q: I was charged with a DUI and had my son in the car. It's my first charge and I was wondering what to expect.
A:
a area attorney wrote
NJSA 39:4-50.15 provides for additional criminal penalties for those individuals that are found guilty of a DWI when there is a minor (17 or younger) in the car. That's right, there are penalties for this specific offense in addition to the already severe penalties for a DWI. More specifically, NJSA 39:4-50.15 makes driving with a minor in a car a disorderly persons offense which adds these three penalties: jail, license suspension, $1,000 fine and no more than 5 days of community service. In some of the more serious instances, the prosecution will attempt to elevate this charge to a more serious one-endangering the welfare of a child. As logic would have it charges and penalties go up when an individual has multiple DWI convictions.
Some of the penalties attached to a New Jersey DWI conviction can include:
Jail time
Fines (including three years of New Jersey surcharges)
Community service requirements
Probation
Drug and alcohol education classes
Loss of driving privileges
Criminal record
Dealing with a DWI charge that involves a minor means you will be fighting multiple charges that the prosecution in your case bears the burden of proving. In order to successfully prove the elements of a DWI with a minor in the car, the prosecution must show: the accused was in control of a motor vehicle while under the influence of drugs or alcohol with a minor that he or she was legally responsible for in the vehicle. As you can see from the four elements listed above, proving this specific type of New Jersey DWI is not an automatic. An experienced DWI attorney can not only challenge the charge as it relates to a minor but help to limit or eliminate the DWI charge against you.
When it comes to endangering a child, judges take this concern very seriously and this is often reflected in the severe penalties handed down in these cases. Dealing with a disorderly persons charge [misdemeanor equivalent] in addition to a DWI/DUI charge can be an incredibly intimidating and confusing process.
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