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2008, New Jersey's intermediate appeals tribunal, the Appellate Division of the Superior Court, resolved while a culprit defendant tin receive a depressed sentence as a Driving While Intoxicated (DWI) conviction.
Normally, Courts levy harsher sentences on defendants who have prior convictions. In DWI cases, a New Jersey state statute requires reiterate criminals apt be sentenced more harshly than first-time offenders.
Under New Jersey's ten-year "step down" rule, however, the Court have to show leniency where 10 years have passed among the first and second DWI convictions, or among the second and third DWI convictions. Specifically, the Court must treat the defendant as though he has one less prior conviction when calculating his sentence for the most recent DWI.
For instance, whether a criminal defendant has two prior DWI convictions and he namely convicted of a third DWI, he will be sentenced to a $1,000 fine, at fewest 180 days in a county imprison, loss of authorization for 10 years, and imperative installation of one ignition link appliance alternatively loss of registration for ten years. But, if the third DWI conviction occurs by least ten years behind the second DWI conviction, under the decade "step-down" rule, namely same defendant would be sentenced to a nice of $500 to $1,000, thirty days of community service,[link widoczny dla zalogowanych], imprisonment for 48 hours to 90 days, loss of drivers authorize for two years, and mandatory installation of one ignition interlock device or loss of registration for two years.
In the case of State v. Conroy, determined by the New Jersey Appellate Division in 2008, the defendant had three prior DWI convictions and was facing sentencing for a fourth DWI conviction. The State debated that the step-down rule should merely apply where the defendant has one or two prior convictions, yet not where he has three prior convictions. The defendant disputed that the step-down rule should apply to him because his first DWI conviction was followsout an attorney and ten years had passed between his third and fourth DWI convictions.
The Court admitted with the defendant and decided that it was unjust and against the interests of justice to think Conroy's first DWI conviction during sentencing (because he did not have an attorney for that conviction). That left the defendant with two prior convictions for the Court to consider during sentencing. The Court then applied the ten-year "step down" rule, since at least ten years had elapsed between Conroy's last two DWI convictions. Accordingly, the Court sentenced the defendant as though he had only one prior conviction. Thus, though the defendant actually had three prior DWI convictions, he was sentenced under the ten-year "step down" rule as though he had only one prior DWI conviction.
The future of the ten year step down rule, although,[link widoczny dla zalogowanych], is uncertain. Currently, legislation to annihilate the rule is pending before the New Jersey State Legislature. If excluded, criminal defendants would no receive a more lenient sentence simply for ten years has passed since their last DWI conviction.
The ten-year "step down" rule is equitable one example of the intricacies comprised in the criminal statute and sentencing for DWI convictions. The solicitors at Bramnick, Rodriguez,[link widoczny dla zalogowanych], Mitterhoff, Grabas & Woodruff, LLC are capable criminal defense attorneys and can assist you in navigating the oftentimes complex criminal justice system.
Reference: Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff /