Edison Second Offense DUI Lawyers
If you have already received one DWI in Edison Township or elsewhere around the State of New Jersey, you probably do not need to be told that a second conviction will have serious consequences on your life. Irrespective of the roadway in Edison where the DWI stop occurred, you will need to hire the most qualified defense attorney you can find if you want to escape a guilty finding in Edison Township Municipal Court. At the Law Offices of Jonathan F. Marshall, our attorneys have defended hundreds and possibly thousands of second offense cases, including those issued by the Edison Police Department or members of the New Jersey State Police patrolling the Turnpike. This experience comes from over 100 years in practice collectively, including significant time serving as DUI prosecutors. We are among a small group of firms in the state that possess multiple lawyers who are dual certified in both the Alcotest breathalyzer and in Standardized Field Sobriety Testing. Our attorneys possess training that, in most cases, is far superior to the arresting officer on a DWI. Call us at 732-248-7675 anytime of day for a free initial consultation.
Proving A Second Offense DWI in Edison NJ
Your guilt or innocence in Edison Municipal Court will hinge on several issues. For one, it must be established that you were the operator of a motor vehicle in Edison. Second, you must have been operating the subject vehicle while intoxicated or impaired by drugs. This element will typically be established through either scientific evidence like a breath test or blood test, or through field sobriety testing. The third thing that must be established in order for you to be convicted of a second offense is that you were convicted of a first offense within the last ten (10) years. Unless the Edison Township prosecutor can prove each of these elements, you cannot be convicted of a second offense DWI.
Penalties If Convicted Of A Second Offense in Edison Municipal Court
A second offense for driving while intoxicated carries significant penalties under N.J.S.A. 39:4-50. There is a mandatory driver’s license suspension that must be imposed by the judge in Edison. You will also be responsible for financial consequences that include a fine of $500-$1,000, $280 IDRC fee, $100 to the Drunk Driving Fund, $100 to the Alcohol Education Fund, $75 to the Safe Neighborhood Fund and $33 in court costs. There is a jail term of 2-90 days that must be imposed, along with 48 hours that must be served in the Intoxicated Drivers Resource Center. Lastly, you will have to install an ignition interlock on all vehicles used or registered to you. This device will have to remain on these vehicles during the period of suspension plus 1-3 after restoration. The NJ Division of Motor Vehicles will also impose a $1,000 surcharge for a period of 3 years. This surcharge must be paid in order to keep you license in good standing.
Second Offense DUI Attorneys in Edison Township
A key consideration for you in selecting a DUI lawyer has to be experience since second offenses go to trial more so than any other block of violations. Unlike a first offense or third offense where there is opportunity for creativity and flexibility with penalties (e.g. downgrade of first tier to a second tier, treatment of third offense as a second for purposes of jail, etc.), a second offense is not susceptible to mitigating resolutions. This is why it is crucial to find an attorney who has years of handling second offenses under his/her belt. It also helps if the lawyer has experience appearing in Edison. Our team can certainly satisfy this criteria with decades practicing DWI defense in Edison Municipal Court and elsewhere in Middlesex County. Call us for immediate assistance at 732-248-7675.