Multiple offender cases for DWI and DUI in New Jersey are often interesting cases. They often present ripe grounds for a defense to avoid in the third offense scenario, jail. Often time’s individuals call my office and it’s almost a foregone conclusion in their minds that they can tell that they’re going to go to jail, but you can collaterally attack the prior convictions and oftentimes the documentation isn’t in place.
Perhaps maybe somebody wasn’t represented by council on one of the prior offenses where those offenses can’t be utilized for enhancement purposes as a prior offense, so maybe this is your third offense and you have two priors but you were unrepresented in one. Maybe we can get the court to treat it as a second for sentencing purposes and avoid 180 days in jail and all the other penalties for a third conviction.
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