NEW JERSEY DWI DEFENSE UPDATE:

NEW LAW WILL MAKE DWI SENTENCES MORE SEVERE

DWI Defense Attorney John W. Tumelty focuses on defending persons charged with DWI offenses in South Jersey. Cape May County DWI Attorney and Atlantic County DWI Attorney John W. Tumelty has offices located in Cape May County and Atlantic City, Atlantic County. Mr. Tumelty successfully defended persons charged with DWI offenses for over 30 years. The issue is whether a prior refusal conviction will cause a subsequent DWI to be treated as a second offense.

On Thursday, April 28, 2011, the New Jersey State Senate approved a bill that would overturn a Supreme Court ruling and make DWI sentences more severe for those who have a prior conviction for a refusal offense. The Senate voted 31-0 and passed Bill S-2671 overturning a recent New Jersey Supreme Court case called State v. Ciancaglini. In the Ciancaglini case, the Supreme Court held that a prior refusal ticket conviction should not enhance the penalties for a DWI conviction. The Court held that Mrs. Ciancaglini should receive first-offender DWI penalties even though she had an earlier conviction for a refusal to take a breath test offense.

The new DWI law, when implemented, will enhance a DWI sentence for a person with a prior refusal conviction. This means that a person who gets found guilty of DWI will be subjected to second-offender penalties if he has a prior refusal conviction. The penalties for a second-offense DWI include a two-year loss of license, mandatory county jail from two to 90 days, community service, ignition interlock requirement, and other mandatory fines and penalties.