Out of State Convictions

A conviction for DWI in New York, Pennsylvania or another state can complicate the defense of your charge in Barnegat New Jersey or another municipal court. The reason is because this violation may constitute a prior conviction that enhances the penalties you are facing. It can also impact you as a result of an administrative suspension imposed by the NJDMV. A thorough analysis of the out of state conviction by a knowledgeable defense lawyer can likely reveal whether it may be used by the prosecutor to treat you as a repeat offender. The attorneys in the Toms River Office of Law Offices of Jonathan F. Marshall definitely possess the qualifications you are seeking in this regard with over a century of collective experience. To speak to an attorney on our staff, including Matthew Dorry, who has served as municipal prosecutor in about 15 towns in Ocean County, call (732) 286-6500. Lawyers are available 24/7 and initial consultations are without charge.

As previously stated, a DWI committed in another state may be treated as a prior in applying the penalties of N.J.S.A. 39:4-50. There is no requirement that the state be a member of the Interstate Driver's Compact. All that is required is that the law of the other state be substantially similar to that of New Jersey. The determining factor in this respect is the legal limit of the state where the prior conviction was incurred. If the BAC limit was different from that of New Jersey at the time of the motorist was convicted, the prior offense does not count for enhancement purposes. For example, if the state had a .08% standard when New Jersey was still at .10%, the conviction would not count. Another example would be a state that has an "impaired" violation for a BAC of .05% or higher to which the out of state DWI was downgraded. An excellent argument could be made that the prior should not be counted since it was based on a legal limit of .05% as compared to New Jersey's .08% standard.

When someone is convicted of a DUI in another state, this result is typically communicated to the NJ DMV. A commensurate suspension is then imposed, along with the NJ DWI Surcharge, against the licensee. The length of the suspension imposed will be the period that would apply if the offense had been committed in New Jersey. A reoccurring issue with administrative DWI suspensions is which tier should be assigned for the first offender. The reason is because the NJ DMV is not provided with an indication of the BAC involved in the out of state DWI to know whether its licensee committed a first tier (i.e. 08% to .099%) or a second tier (i.e. .10% or higher). The result is that a seven month suspension is imposed by NJ with an indication that the motorist can appeal his/her suspension if they can obtain proof that the conviction was based on a BAC of less than .10%. This is why it is so pivotal for a NJ licensed driver to consult with a knowledgeable DWI lawyer in this state before the out of state conviction occurs. The plea can often be crafted so that the NJ DWI suspension is minimized (i.e. get the prosecutor to enter the conviction as based on .08% to .099%).

Whether your current DWI offense is in Berkeley Township or another municipality, attempting to eliminate the impact of a prior conviction is important. An attorney who is well versed in the law and accustomed to dealing with issues involving out of state DUI convictions is going to be able to arm you with the protection you need. The lawyers that make up our eight member defense team have this level of experience and skill. To obtain a free initial consultation with a lawyer at Law Offices of Jonathan F. Marshall, call (732) 286-6500.