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UNCOUNSELED PRIOR DWI PLEA

By Lependorf & Silverstein

On October 10, 2007 a New Jersey Appellate Division panel of Judges decided a DWI appeal that was approved for publication on May 5, 2008. The case involved a DWI charge from Hudson County, New Jersey. The defendant pleaded guilty to a third DWI charge in Municipal Court and was sentenced to 180 days in the Hudson County jail. The defendant had been convicted of DWI charges in New Jersey on two prior occasions. The first conviction was in 1989 and again in 2003. The defendant argued on appeal in this case that since he plead guilty to the 1989 charge without the benefit of counsel, that he is entitled to a ?step-down? in sentencing from a third offense to a second offense in accordance with State v. Laurick. If afforded the step down, this third DWI charge would actually be treated as a second for sentencing purposes, thus avoiding the 180 day jail term...continue to full post

Full post as published by New Jersey Criminal Defense Blog on April 25, 2008 (boomark / email).