Got 2 Dwi convictions 1990 and 1999 they treated 2nd as 1st then 2004 got another and treated as 3rd 10 yrs loss of lic. Legal?

Asked almost 2 years ago - Toms River, NJ

Didn't have lawyer for 2nd time the 3rd one in 2004 they took lic. 4 10 yrs. And gave me 2nd year fines how can they skip over the 2nd and go to 3rd because they made a mistake

Attorney answers (5)

  1. James Alexander Abate

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . That's not an illegal sentence. You are entitled to the 10 year step down only once. Courts have said that once a driver has recieved the benefit of the 10 year step down, they have no reasonable expectation of a further step down. (State v. Burroughs I believe). The uncounseled conviction may not be used for incarceration ( State v. Connoly), but that has not yet been found to apply to suspension term. However, you may be able to withdraw the plea in the second or third conviction and fight the charges using post conviction relief.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  2. Mark M Cheser

    Contributor Level 20

    9

    Lawyers agree

    Answered . Jim Abate, as usual is dead on. It is your third. How you got a 10 year step down on the second after only 9 years may be the illegal sentence. However that was your second. They did not make the 2nd a 1st, they just sentenced you as a 1st, it was still your second. Since 10 years did not pass again (there is case law you only get one step down anyway) the 3rd is a 3rd.

  3. Jeffrey Jose Estrella

    Contributor Level 13

    7

    Lawyers agree

    Answered . Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  4. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . When you are saying "got another" I assume you mean that you have been charged with another. If that is the case, an attorney can fight this from being treated as a third. Start looking for counsel immediately.

  5. Patrick X Amoresano

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . Need more information. Call my cell at 201-704-2280 for a free consultation.

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