Piscataway, NJ asked in DUI / DWI for New Jersey

Q: What dose NJ violation 2C : 12-1C (2) mean and how bad is it

My son dwi last night

Related Topics:
2 Lawyer Answers

Howard Lesnik

  • Criminal Law Lawyer
  • Mountainside, NJ
  • Licensed in New Jersey

A: It’s an assault by auto charge, which is a 4th degree offense and up to 18 months in jail, unless it happened during a DWI, in which case it is a third-degree offense, punishable from 3 to 5 years in state prison.

H. Scott Aalsberg Esq.

  • DUI & DWI Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: The answer depends on how bad you consider the possibility of up to five years in jail, because that's what he could serve depending on the facts of this case and which degree of crime he was charged with. Most people would consider this a very serious offense and because prosecutors generally ask for jail time most judges give it. The general question is how much time and that will depend on the facts of his case, the defenses he has, and the quality of attorney he chooses. The only thing that he can change now is the quality of attorney he chooses so pick wisely because that may mean the difference between jail or no jail or 5 years or 5 days.

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.