180 Days In Jail For Driving While Suspended For DUI

James French had been convicted of 9 Driving Under the Influence (DUI) events prior to being stopped by police in Warren County, NJ who observed him to be driving erratically and to have an inoperable brake light on his vehicle. He was sentenced, by Warren County Superior Court Judge Ann Bartlett, to 90 days in jail followed by 90 days in an inpatient treatment facility. The Prosecutor appealed French's sentence as not meeting the requirements of the applicable statute. In 2011, the NJ State Legislature passed new legislation, N.J.S.A. 2C:40-26(b), directed at driving while suspended for DUI. The statute was drafted by the legislature to punish those driving while suspended for multiple DUIs. N.J.S.A. 2C:40-26(b) makes driving while suspended for a second or subsequent DUI or refusal to submit to chemical breath tests a 4th degree criminal offense and requires a 180 day jail sentence with no possibility of parole. Under DUI Statute, N.J.S.A. 39:4-50, a 3rd or subsequent DUI is punished by a minimum 180 days in jail, 90 of which may be served in an inpatient rehabilitation facility. In State v. French, the NJ Appellate Division decided that the legislative intent in drafting N.J.S.A. 2C:40-26(b) was to levy a higher penalty on those who would continue to drive while suspended for DUI. In reversing the decision of the Warren County Superior Court Judge, the NJ Appellate Division determined that the statute plainly includes a 180 day jail sentence without eligibility for parole and makes no provision for inpatient rehabilitation. DUI is a very serious offense with substantial consequences including jail and loss of driving privileges which may result in loss of your job and other consequences. If you are facing DUI charges, you should obtain an experienced DUI defense attorney immediately. For more information about DUI, Driving While Intoxicated (DWI), underage DUI, drug DUI, controlled dangerous substance (CDS) in a motor vehicle or other serious driving infractions in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Rise In Underage Drinking and DUI With Graduation and Summer Celebrations

With graduations occurring throughout the state of New Jersey in the past weeks police have noted a rise in arrests related to underage drinking. Graduation for many students is a time of celebration and in many cases partying with fellow classmates. Under New Jersey law, the legal age for consumption and ability to purchase alcohol is twenty-one years of age. The current drinking age has been in effect from the National Minimum Drinking Age Act of 1984. For both police and parents their main concern is the safety of the children involved, both in the purchase and consumption of the alcohol. Recently on June 1, 2013, Lacey Township police officers responded to what appeared to be an underage party at the home of Debra Fenton. On the property the police discovered a number of underage adolescents and young adults drinking and issued Fenton a criminal summons for making property available to underage persons for the consumption of alcohol. Not only is underage drinking illegal but it is dangerous and often leads to hospitalization from alcohol poisoning and motor vehicle accidents resulting in serious injury or death of the intoxicated children and occupants of other vehicles. In recent years many police departments have been trying to penalize those who provide the alcohol to underage persons as well as providing property for underage drinking to take place. Both charges carry up to six months in jail and or up to one thousand dollars in fines. With the end of the school year and graduation being a time where many underage persons look to engage in drinking, police look to try and crackdown on incidents such as this in order to serve a message to the public. A conviction for underage drinking or underage driving while intoxicated on a juvenile’s record can have devastating consequences on their future including loss of preferred education and occupation opportunities. Many think only of loss of driver’s license, fines and other short term issues but those issues are insignificant compared to the long term effects. If you are facing underage drinking charges, you should consult with an experienced defense attorney immediately to protect your rights. For more information on protecting your rights if charged with underage drinking, DUI, drug charges or other crimes in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and is not intended to replace the advice of an attorney.