Q: Is the NJ step down law still in effect for DUI? Public defender told my brother it no longer exists.
He's charged with DUI, has previous one from 20 years ago. Online research tells me it counts as 1st offense since it's been more than 10 years because of the step down law. His public defender said that's not true anymore. I read the 2016 revised statute and it's still in there. Are there newer revisions to the statute and where can I find them? Extra details are: He does have a CDL but wasn't working or driving a commercial vehicle at the time. He hit a tree, no damages but to his own car. Blew a .38. I know the PD has a law degree and I don't but I think he's wrong. How can I find out for sure?? I'm not as concerned about the CDL, more about the DL. The Public Defender said it will count as 2nd offense and will lose DL minimum of 2 years. I don't understand he said the step down law no longer exists when it appears it does. Can anybody clarify that for me?
A: Step down would apply but does not help in this case. A second DWI makes him ineligible to hold a CDL for life. It does not matter if he was driving a personal vehicle. You need to fight this case as if his life depended on it, because he will never be able to drive a CDL ever again. Touch cases call for tough lawyers.
A: Yes the stop down does apply but it only applies to his NJ passenger license not his CDL license as 2 DWI in a lifetime means a permanent suspension. However, I will say if he is not getting jail for his DWI at that level he is a lucky man. His only choice is to try to fight the DWI, but not all DWI's are winnable. The best thing for him to do is to pay a lawyer for a 2nd opinion consultation to understand and review if any defenses were missed by the Public Defender. I may cost you up to $1000.00 depending on the hourly rate of the lawyer, but it may be well worth it for him.
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