Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500,

www.njlaws.com

Monday, October 17, 2011

Recent Case Requires Third DWI Offender to Serve Minimum 90 Consecutive Days in Jail, no Work Release

Recent Case Requires Third DWI Offender to Serve Minimum 90 Consecutive Days in Jail, no Work Release



Recent Case requires 3rd DWI offender to serve minimum 90 Consecutive Days in jail, no work release.

The NJ Appellate Division Court in State v. Kotsev Docket A-3256-05T5. held the DWI statute N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders.

The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program.

A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.