Piscataway Second Offense DWI Attorney

If you were arrested and charged with your second DWI offense by a Piscataway or Rutgers University Police Officer, you are undoubtedly acquainted with N.J.S.A. 39:4-50. You are probably aware that the DUI summons you are facing in Piscataway Municipal Court will result in significant consequences if you are found guilty. The emotions that often follow this knowledge run wide but you need to regain your composure because you can fight this charge. Many second offense cases are won each year by our firm, the Law Offices of Jonathan F. Marshall. The only way you are going to have the opportunity to avoid a conviction is, however, to mount an effective defense. There is no plea bargaining of this offense in Piscataway Municipal Court so your success will have to come from defending the case on its merits. With over 100 years of collective experience defending against second offense DWIs in Piscataway Township Municipal Court and elsewhere throughout Middlesex County, our staff of experienced attorneys, several of whom are former prosecutors, have learned their craft well. We are prepared to utilize all of our skills for you in order to reach the best outcome in the second offense case you are facing in Piscataway Township.

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Just like your first offense, this charge will be governed by N.J.S.A. 39:4-50. The real question now is, however, whether you are going to take the same approach as last time or put the necessary effort into selecting the right attorney to defend your Piscataway charge. While you may not realize it, lawyers are not widgets and interchangeable. There are highly experienced DWI lawyers and those who aren’t. There are attorneys who claim to be skilled and knowledgeable in defending cases in Piscataway Municipal Court and those who are not. It is your job to figure out what is fact and what is fiction. This task is much more important in a second offense case than you first and not because the penalties are more severe. The reason is because second offenses require trial much more often than first or third offenses. There is no wiggle room like in a first offense where there are two tiers, a lower one to be downgraded to, or avoidance of jail through post-conviction relief on a third offense. If you want to avoid the mandatory penalties of a second offense, you will have to win your Piscataway case outright. This frequently necessitates a trial and this is why it is so important to hire someone who bona fide DUI experience if you are serious about your case. So do your research wisely and make sure you know the actual experience level of the attorney you are considering rather than resting your judgment on puffery contained on their website. If they do not reveal when they were licensed to practice law, that should be a good indication to you that what you are reading is not reality. Your decision in this regard is pivotal as the penalties for a second offense will be severe at the time of sentencing in Piscataway Township.

If you are convicted of a second offense, you face a driver’s license suspension of 2 years. The municipal court judge has no latitude in this respect as the mandatory suspension period is 2 years, nothing more, nothing less. Your sentence will also include a jail term of 2-90 days at the Middlesex County Correctional Institute if you are convicted. The financial ramifications are likewise significant with fines and mandatory assessments payable to the court that can easily exceed $1,000. New Jersey also imposes a surcharge of $1,000 a year for 3 years that must be paid for you to restore your license. Finally, you will be obligated to install an ignition interlock on your car in order to maintain your privilege to drive.

Though this may paint a bleak picture, do not think that there is nothing that can be done on your behalf.  As stated above, an experienced attorney will comb through the police officer’s records to make sure they followed procedure to a “t” and ensure that the prosecution carries its burden as to each element, before you lose even a day on the road.  Our experienced attorneys will also look at the circumstances of your first DWI offense and see if you qualify for any mitigating “step-down” programs that may limit the consequences of this DWI arrest. In sum, our Piscataway second offense DUI lawyers will fight for you wherever possible. To learn what we can offer you, all our Piscataway Office now.