Assemblyman Reed Gusciora (D-Mercer) has a plan that could upend New Jersey’s approach to prosecuting DWI offenses. Under his proposal, a first or second DWI charge would remain a traffic violation heard in municipal courts around the state, but when charged with a third DWI, the case would be graded as a felony and heard in Superior Court and argued by county prosecutors, rather than the part-time municipal prosecutors who currently manage the cases.
Under the proposal, the penalty for a third DWI in NJ would become a year in prison. Defendants would be ineligible for pre-trial intervention that might lessen the severity of the punishment. According to Gusciora, the legislation is needed because municipal courts are not equipped to deal with substance abuse issues, while Superior Courts have the tools and resources to better evaluate and address the status of repeat DWI offenders.
Today, conviction of a third DWI can result in a six month sentence in jail and a 10-year loss of your driver’s license. It is possible to fight back and win against DWI charges in the state. Call Matthew Reisig today at 732-625-9660 and talk to an experienced New Jersey DWI defense lawyer for free.
