Second Offense DWI

Statistics show that there is an alarmingly high probability of someone committing a second offense for DWI in Manchester, Toms River or elsewhere in New Jersey. There may be any number of explanations for the increased probability of a second DWI but a lack of penalties certainly is not one of them. An individual is subject to a mandatory drivers license suspension of two (2) years, thousands upon thousands of dollars in financial consequences and the very real possibility of jail for a second conviction for driving while intoxicated. It is therefore an absolute must, especially in view of the outlawing of plea bargaining in DWI cases, that anyone faced with a second charge for DWI retain a skilled drunken driving defense lawyer.

The team at Law Offices of Jonathan F. Marshall includes what may be the largest group of former DWI prosecutors and Alcotest Certified/Field Sobriety Testing Certified, lawyers in the state. We also happen to employ Matthew Dorry, an attorney who has served as prosecutor in Manchester, Toms River, Jackson, Brick, Lacey, Stafford, Berkeley, Point Pleasant Beach and several other towns. Attorneys are available to address your concerns 24/7 by contacting our Toms River Office. A free consultation is available immediately by calling (732) 286-6500.

Unlike a first offense where there is a range of penalties that our attorneys can attempt to manipulate to help our clients avoid consequences that would otherwise be mandatory, the same is not the case with a second offense. Unfortunately, it is more of an all or nothing situation making it that much more important for you to retain a lawyer that is highly skilled. Indeed, a much higher percentage of cases must go to trial when they are for a second offense in Jackson, Lacey or another municipality. Representation from someone with exceptional training and experience is certainly going to be a huge weapon if you goal is to escape a conviction.

The penalties for a second offense are severe. The first thing you need to know is that there is a mandatory drivers license suspension of two years for a second offense and that there is no provision for work or hardship licenses in NJ. The monetary consequences of a second conviction are likewise significant with a fine ranging between $500 and $1,000, mandatory court assessments (i.e. $230 IDRC fee, $100 to Drunk Driving Fund, $75 to Safe Neighborhood Fund, and $100 to the Alcohol Education Fund), and a DMV surcharge of $1,000 per year for 3 years. These financial ramifications do not include the escalation in insurance costs which can also amount to thousands of dollars each year. The jail term for a second offense is 2-90 days.

Whenever someone is charged with DWI, there is an immediate sense of panic. This can sometimes lead to impulsive decisions regarding how to defend the violation or hiring a lawyer based on the wrong criteria. While a hasty tendency is generally less for a second offense, we nevertheless witness this occurring almost every day in our DWI defense practice. The task of anyone facing a second offense should be one thing following the arrest and recovery of their vehicle and it is to find the very best attorney they can afford to defend their case. The reason why this is so important is because there will be no plea bargaining when you go to court such that the only way to avoid the mandatory penalties of a second conviction is to convince the prosecutor and judge that reasonable doubt exists with respect to the charge. You also need to be represented by attorneys who are not only experienced in trying DWI cases but who are also willing to take the matter to trial as a higher percentage of second offenses go the distance based on the limited flexibility at sentencing (e.g. you must receive the full 2 years suspension if you plead or are found guilty). This is where our considerable experience and commitment to take a matter to trail can make all the difference in Lacey Township or another municipality. To reach one of our lawyers immediately, call (732) 286-6500.