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Although it is only a traffic ticket, being a repeat Cumberland County New Jersey DWI offender is nothing like the first-time around. Driving while intoxicated can lead to years of license suspension, high fees and jail-time.
In Cumberland County, an accusation of a third-time DWI offense can be the beginning of a very bad situation. Even out-of-state convictions will count as prior DWI offenses. After the third offense, mandatory penalties do not increase, but they do not decrease either.
It is important to remember that you are not required to talk to the officers. You are only required to participate in the chemical test if the officer arrests you for DWI. A breath test may be used to prove alcohol intoxication above the legal limit. The legal alcohol limit in New Jersey is .08% blood alcohol concentration (BAC) . You will then be held until sober or until you can obtain a ride.
When charged by an officer, a third offense will proceed like any other Cumberland County DWI offense. The standard court period from start to finish is 60 days. Obtaining an attorney will usually prevent you from having to go to an arraignment. If the evidence is not strong enough, the case may be thrown out in the pre-trial phase, but plea bargains will not be considered.
For a Cumberland county DWI case that is not resolved in pre-trial phase, the case is then heard by a judge during a bench trial. During the bench trial, a defendant can question the witnesses and challenge any proof the police officers may have produced.
Here are some standard sentences for third time offenses:
Although a New Jersey DWI third offense has very serious repercussions, there are some many to fight it. It is generally not recommended to fight it without an attorney however. The laws surrounding New Jersey DWI cases are very complicated. The main way to obtain a not guilty verdict is by successfully challenging the police officer’s proof of intoxication. This can be done by showing a faulty chemical test reading or by attacking observational tests (for example, a medical condition that makes you seem intoxicated). An attorney can also have certain evidence left out of trial if it was illegally obtained. A Cumberland County DWI charge does not have to become a conviction.
220 North Laurel Street
Bridgeton, NJ 08302
856-451-4449
Fax: 856-453-1902
Cumberland County Courthouse
60 West Broad House
Bridgeton, NJ 08302
Phone: (856) 451-8000
http://www.judiciary.state.nj.us/gloucester/index.htm