DUI Repeat Offenders Will Be Punished Accordingly

Repeat DUI (N.J.S.A. 39:4-50) offenders may not serve weekend jail terms. Although it was determined by the N.J. Appellate Division on July 13, 2019, that those charged with multiple driving under the influence charges are ineligible for periods of incarceration over a length of time, many charged with such repeat offenses continue to believe the alternate sentencing in possible. State v. Grabowski, a 2006 case, held that periodic imprisonment was acceptable for multiple drunk driving offenses. Pedro Anicama, a Newark restaurateur convicted of his third DWI, was permitted by the Harrison Municipal Court to serve his sentence of incarceration by spending 2 days per week in jail so as to minimize the adverse effect of the incarceration on Anicama's business. On a trial de novo in the Law Division, the ruling of the Harrison Municipal Court was overturned and the Appellate Division affirmed the Law Division's ruling. The Appellate opinion, delivered by the Honorable George Leone, focused on the punitive intent of the Legislature in drafting the provisions of N.J.S.A. 39:4-51, which addresses violations of 39:4-50. The Appellate Division indicated the Legislative intent to allow work-release in limited situations for first and second offenders but to prevent third or subsequent offenders the opportunity to participate in work-release programs. If you are facing charges for DUI/DWI, reckless driving, careless driving, CDS in a motor vehicle or other serious motor vehicle charges, please visit us at DarlingFirm.com or call 973-584-6200 now to schedule a consultation. This blog is for informational purposes only and not intended to replace the advice of an attorney.