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The 1st and 2nd offense were 8 and 9 years ago.

2007-05-14 14:01:37 · 15 answers · asked by cece715 3 in Politics & Government Law Enforcement & Police

15 answers

The only way to avoid jail is to be found not guilty.

Right from NJSA 39: 4-50 Driving while intoxicated

For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c.286 (C.39:3-40.1).

2007-05-14 14:15:06 · answer #1 · answered by Judge Dredd 5 · 1 0

1

2016-06-11 13:02:28 · answer #2 · answered by ? 3 · 0 0

You need a good lawyer. Jail can be avoided but it takes some legal manuvering. In my case, my 3rd was reduced to a 2nd but most likely because ten years passed since my first. The ten year thing isn't written in stone, just a legal tactic employed by a sharp ( and expensive) lawyer. Depending on your criminal record if any, you may get to do the time in rehab. They don't really want to put you in jail if you can convince them that you have a problem and are willing to get help. The only ones who go to jail are the idiots who get caught driving drunk while already on suspension for DWI or the ones who get 6 or 7 DWI, although I knew a guy who had 6 DWI and never spent a day in the can. Again, just get a good lawyer if you can afford it. Try to get one who is acquainted with the prosecutor or the arresting cop because your fate pretty much rests in their hands. Call a cab next time; don't give the bastards the satisfaction. Buona fortuna!

2007-05-14 15:40:20 · answer #3 · answered by Arsobia64 2 · 1 1

Volunteer for Long Term Rehab, 3 months minimum, 3 months after care. And do exactly what the Judge instructs you to. (AA/NA meetings).
Get a Real Lawyer, Not a Public Pretender, and 3 DUI's, the Lawyer won't be cheap...
Sorry......

Most Important, get help for your drinking problem. You were not just "Unlucky" 3 times. Normal folks don't get 3.
Try Recovery, if you don't like it, you can go out, drink some more, get your 4th, then it's MANDATORY PRISON. No questions asked. Usually 16 months. NOT Jail, PRISON..
Get help. Good luck...

2007-05-14 14:10:25 · answer #4 · answered by Ken C 6 · 2 0

In the State of New Jersey it is illegal to operate a motor vehicle when your blood alcohol concentration (BAC) is .08 percent or above. The .08 limit is the standard measurement of the legally "impaired" driver across the United States. New Jersey has lower BAC limits for drivers of commercial vehicles and minors under the age of 21 The 3rd time you are arrested in New Jersey for drunk driving you will be fined $1,000. Your drivers license will be suspended for 10 years and you will spend 180 days in Jail. You will also be ordered to pay an automobile insurance surcharge of $1,500 a year for the following 3 years.

2016-04-01 01:31:04 · answer #5 · answered by Anonymous · 0 0

If I wrote the law, you would do time for the 2nd DUI, maybe the 1st. The only chance I see is if they no longer count the older offenses and count this one as a 1st.

2007-05-14 14:55:59 · answer #6 · answered by STEVEN F 7 · 2 2

Well honestly you or the person that did this is screwed, you/they didnt learn the first 2 times not to drink and drive and did it a 3rd, you/they have already been to the court mandated classes and had been giving all the info on why not to do this and still did it again and again, I would think it might be a good thing to go to jail for this one.. Not being mean but someone is not learning, the answers above me all look good but maybe time for thinking is needed and what better place then locked up

2007-05-14 14:20:57 · answer #7 · answered by Anonymous · 3 2

3rd Dui In Nj

2016-12-10 13:35:02 · answer #8 · answered by ? 4 · 0 0

3 DUIs?? You should go to jail for a long, long time.

2007-05-14 16:05:03 · answer #9 · answered by Aquaman83 2 · 2 0

I hope not. A THIRD DUI? You really have a problem dear, and drying out in the jailhouse just might fix it for you!

2007-05-14 14:08:26 · answer #10 · answered by Anonymous · 3 1

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