Q: Are the penalties worse if you get a DUI with kids in the car?
A:
§ 2C:24-4. Endangering the Welfare of a Child
Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S. 9:6-1, R.S. 9:6-3 and P.L. 1974, c. 119, § 1 is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.
DWI with children in the vehicle can result in a serious indictable crime. A second degree crime is punishable by five (5) to ten (10) years in New Jersey state prison and there is a presumption of incarceration (meaning a minimum five (5) year prison sentence) even if you have no prior criminal record.
H. Scott Aalsberg agrees with this answer
A: Yes it is a crime, although it is not frequently charged at least from what I have seen in the DWI cases I have handled. That being said if you fight the case they can always bring this up and charge you if you were not charged before. Thus if you have a DWI and children were present, I suggest you get a good lawyer. Most of is criminal lawyer offer a free in office consultation, I suggest you set one up ASAP.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
