Franklin Lakes NJ Third Offense DWI Charges Dismissed

NJ DWI Defense Lawyer

* Results may vary depending on your particular facts and legal circumstances. *

Alissa Hascup recently represented a client charged with a third offense DWI in Franklin Lakes Municipal Court in Bergen County, New Jersey. These DWI charges were extremely serious, as the client was facing a mandatory jail time and a multi-year driver’s license suspension if found guilty. In fact, New Jersey law addresses 3rd and subsequent DWI offenses under N.J.S.A. 39:4-50, which mandates the following penalties for a third or subsequent DUI offense: 6 months in jail (3 months of which can be served in an approved rehabilitation facility); driver’s license suspension for 8 years; the installation of an ignition interlock device upon license restoration; a minimum fine of $1,000; and NJ Division of Motor Vehicle surcharges of $1,500 per year for 3 years.

New Jersey does not allow for plea bargaining in DWI cases, nor does the State allow for hardship licenses, so if you lose your license and cannot travel to and from work, you have no recourse. Clearly, the client needed an outright dismissal of the charges or his life would be negatively impacted for almost a decade. In this case, the State obtained the client’s blood alcohol concentration (BAC) with a blood draw. Although the client had consented at the time, he has just been involved in a very serious car accident and was nearly unconscious at the scene. Alissa argued that the client’s consent was invalid because he was not capable of providing it knowingly, and therefore, the DWI charge had to be dismissed. The judge agreed and the client was spared from a conviction for a third offense DWI.

Alissa Hascup is a former Municipal Prosecutor who used to prosecute DWI cases on behalf of the State. Now, she utilizes this invaluable experience to serve as a highly effective New Jersey DWI defense attorney, representing clients in Franklin Lakes, Bergen County, and throughout New Jersey. If you are facing DWI charges, Alissa will thoroughly investigate the circumstances of your case to identify any potential grounds for a dismissal. For a free initial consultation about your DUI in Bergen County or New Jersey, contact her offices today at 862-257-1200.