Repeat DWI Offenders Ineligible for “SLAP”
Individuals who are charged with a third time DWI violation in the State of New Jersey face severe penalties if convicted. Most problematic is a mandatory term of imprisonment of not less than 180 days in a county jail or workhouse, and a required forfeiture of the right to operate a motor vehicle in the state for ten years. Other mandatory fines and penalties also apply.
On February 23, 2007 the New Jersey Appellate Division ruled in State v. Hammell, that third-time DWI offenders who are subject to the mandatory 180 days in jail can not choose to serve that time in the non-custodial Sheriff’s Labor Assistance Program (“SLAP”) in lieu of their jail time. SLAP was first introduced in the State of New Jersey in Morris County in 1986. It is an alternative to prison. It permits individuals sentenced to jail to serve their time on weekends through sheriff-supervised community service. SLAP eligible individuals spend their weekends at sites all over the state performing supervised tasks such as painting buildings, picking up trash, and cleaning up parks. Importantly, the program allows defendants to keep their Monday through Friday jobs and to continue to live with their families. It is much less disruptive to one’s life than having to spend 180 consecutive days in prison.
Unfortunately, State Courts are so focused on curbing drunk driving in the state, that work release as an alternative sentence for third time DWI offenders is not permitted. This makes it very important for individuals who are unfortunate enough to be charged with a third DWI to retain an attorney who can fight the charge vigorously. The penalties are too stiff if convicted. Please contact the drunk driving defense lawyers at Lependorf & Silverstein, P.C. if you have been charged with a DWI in the State of New Jersey. The DWI defense lawyers at Lependorf & Silverstein, P.C. will fight on your behalf to keep you home with your family. Please call Lependorf & Silverstein, P.C. for a free case evaluation today.
