Kearny, NJ asked in DUI / DWI for New Jersey

Q: Need help with a refusal question

I had 2 dwi and just got another 1 so since it happened all in 10 years it will be considered my 3rd.. But in court since the prosecutor wants to cut a deal since i refused a breathlyzer they want to dismiss the dwi n keep the refusal but since i had one before there saying 2 year suspension for 2nd offenses but if the first one happened 11 years ago wouldnt it be considered his 1st?

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2 Lawyer Answers
Leon Matchin
Leon Matchin
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: First you say it happened in 10 years and then you say 11 so you're probably counting from conviction date but you need to count from violations dates. Unless you have a terrific defense take the refusal and avoid the six months jail but they'll suspend your license. If you drive during the suspension then it's mandatory six months jail minimum.

H. Scott Aalsberg Esq. agrees with this answer

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • DUI & DWI Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: You may be right but you give us two different numbers 10 years and 11 years so I can't tell you for certain as we would need to know the exact dates. However even if you are right you're being given a gift it's kind of like the person gets a speeding ticket but the cop instead writes the ticket for seat belt and then says I had my seatbelt on.

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