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Summit DWI Lawyers

1. Dempsey, Stephen: DRUNK DRIVING (DWI/DUI) FIRST OFFENSE .10% BAC or Higher or Under The Influence of Drugs. If the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year. PETTY DRUG OFFENSES NJSA 2C:5-10(a)(4) relates to possession of 50g or less of marijuana. This is a disorderly persons offense/charge and not a criminal charge; however, it does carry with it some potentially strong penalties notably a fine of up to $1,000 and/or incarceration for up to six months; the suspension of your driver's license for between six months and two years; also fines mandated by the statute which include $500.00 Drug Enforcement Reduction penalty; mandatory $50.00 VCCB penalty; $50.00 lab fee. Further, the court under the Judge’s discretion may also impose probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service. Conditional Discharge for Minor Drug Offfense (NJ) New Jersey provides a Conditional Discharge or Pre-trial Intervention/ PTI, for 1st time offenders where small amounts of marijuana and hashish, where a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21-27, 2C:43-12 or 2C:36A-1 may apply for a Conditional Discharge. The court upon notice to the prosecutor and subject to 2C:36A-1(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment. Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10% License loss Fines, fees & surcharges Prison term Community service requirement 3 months $250–$400 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund Up to 30 days 12–48 hours IDRC* Eligibilility for Expungement New Jersey Laws limit eligibility for expungement. Expungements are generally available for persons who: Have been arrested but the charges were dismissed. Have successfully completed the Pre-Trial Intervention (PTI) program or obtained a conditional discharge for a drug offense and six months have passed. Have been convicted of a municipal ordinance violation and more then 2 years have gone by. Have been convicted of a petty disorderly persons or disorderly persons offense and more then 5 years passed since all fines have been paid and/or probation has been completed. Have been convicted of a crime (Felony) and more then 10 years have gone by since completion of probation and/or release from prison and payment of all fines. Disqualification Expungement is not available for persons who: Have more then one felony conviction. Have one felony conviction and more then two disorderly persons convictions. Have been convicted of any of these specific felonies under the New Jersey criminal code: 2C:11-1 et seq.(Criminal Homicide), except death by auto as specified in section 2C:11-5 2C:13-1 (Kidnaping) 2C:13-6 (Luring or Enticing) 2C:14-2 (Aggravated Sexual Assault) 2C:14-3a (Aggravated Criminal Sexual Contact) where the victim is a minor