UNCOUNSELED PRIOR DWI PLEA
On October 10, 2007 a New Jersey Appellate Division panel of Judges decided a DWI appeal that was approved for publication on May 5, 2008. The case involved a DWI charge from Hudson County, New Jersey. The defendant pleaded guilty to a third DWI charge in Municipal Court and was sentenced to 180 days in the Hudson County jail. The defendant had been convicted of DWI charges in New Jersey on two prior occasions. The first conviction was in 1989 and again in 2003. The defendant argued on appeal in this case that since he plead guilty to the 1989 charge without the benefit of counsel, that he is entitled to a “step-down” in sentencing from a third offense to a second offense in accordance with State v. Laurick. If afforded the step down, this third DWI charge would actually be treated as a second for sentencing purposes, thus avoiding the 180 day jail term. The municipal court judge in this case was presented with a copy of the 1989 summons. On the summons was the following notation: “Explained rights. He talked to his attorney three weeks ago. A 27 year old man, attended college. Elected pro-se on attorney advice.” The lower court municipal judge rejected the defendant’s step down request because the note on the summons indicated the defendant had discussed the case with an attorney prior to proceeding pro-se.
On appeal, the Appellate Division reversed the lower courts’ rulings. The Appellate Division ruling concluded that from the 1989 summons notations it could not be determined if the attorney the defendant spoke with prior to entering his plea pro se discussed any possible DWI defenses, if the defendant at the time could have afforded an attorney, or if the defendant was advised that if he could not afford an attorney the Court would appoint one for him. The case was remanded to the municipal court in which the defendant made his 1989 plea. If you have been charged with a DWI, contact an attorney at Lependorf & Silverstein, P.C. There are many defenses that one can raise in an effort to defend a DWI charge. New Jersey DWI penalties are severe. Let a Lependorf & Silverstein, P.C. attorney fight for you rights. Contact the Princeton law firm of Lependorf & Silverstein, P.C. today.
