Clementon, NJ asked in Criminal Law and DUI / DWI for New Jersey

Q: How can I fight a 4th degree felony for driving while suspended for 2nd dwi? Is their a mandatory sentence?

Gloucester County, NJ

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2 Lawyer Answers

H. Scott Aalsberg Esq.

Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: You can only fight it with a lawyer and not many defenses exist at all. The Maximum sentence is 18 months in jail and the minimum is 6 months jail. If you get really lucky and have really good facts and your in an easier county such as Essex you may just get lucky and be able to get PTI which could keep you out of jail if you were an exceptional person and had no prior criminal record whatsoever. But again that chance is very slim even in Essex the county most consider to be the easiest and you appear to be in Gloucester, what many consider to be a much tougher county. The only thing you can do is to hire the best lawyer you can find because you want to make sure you get the 6 months not the 18 and remember for this charge you generally don't get any credits for early release, you do the whole time.

Daniel P Leavitt

Answered
  • Criminal Law Lawyer
  • Midlothian, VA

A: Driving on suspended charges are difficult to defend in any state, especially if the suspension was due to a DUI suspension. Get a good lawyer to help you in court to minimize what happens.

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