DWI With Minor In Car
Drinking and driving is bad. Drinking and driving with a minor in the car is even worse. N.J.S.A. 39:4-50.15 provides for additional criminal penalties for those individuals who are found guilty of a DWI when there is a minor (17 or younger) in the car. That’s right, there are penalties for this specific offense in addition to the already severe penalties for a DWI. More specifically, N.J.S.A. 39:4-50.15 makes driving with a minor in a car a disorderly persons offense which adds these three penalties: jail, license suspension, $1,000 fine and no more than five days of community service. In some of the more serious instances, the prosecution will attempt to elevate this charge to a more serious one like endangering the welfare of a child. As logic would have it, charges and penalties go up when an individual has multiple DWI convictions.
Some of the penalties attached to a New Jersey DWI conviction can include:
- Jail time
- Fines (including three years of New Jersey surcharges)
- Community service requirements
- Drug and alcohol education classes
- Loss of driving privileges
- Criminal record
Dealing with a DWI charge that involves a minor means you will be fighting multiple charges that the prosecution in your case bears the burden of proving. In order to successfully prove the elements of a DWI with a minor in the car, the prosecution must show: the accused was in control of a motor vehicle while under the influence of drugs or alcohol with a minor that he or she was legally responsible for in the vehicle. As you can see from the four elements listed above, proving this specific type of New Jersey DWI is not an automatic task. An experienced DWI attorney can not only challenge the charge as it relates to a minor but also help to limit or eliminate the DWI charge against you.
When it comes to endangering a child, judges take this concern very seriously and this is often reflected in the severe penalties handed down in these cases. Dealing with a disorderly persons charge [misdemeanor equivalent] in addition to a DWI/DUI charge can be an incredibly intimidating and confusing process. Do not simply accept the charges against you. Get in touch with the Law Offices of Thomas Carroll Blauvelt, LLC, today to discuss your case further and begin working towards a solution.
Call Me Today To Discuss Your Options
As a former DWI prosecutor and DWI public defender, I know both sides of the law and have the knowledge and experience you want to fight for you. I have successfully handled DWI with minors in car cases and will work hard to get you the same results! If you are dealing with a New Jersey DWI charge that also involves a minor in your car, give me a call today. I am here to help and available seven days a week. I look forward to speaking with you!