Parsippany DWI Lawyer
A 30 year old South Orange man, was arrested on Thursday April 21 after he was found sleeping in his vehicle by Parsippany police. When police found him, he was not even fully inside of the vehicle, but was instead slumped into the vehicle with his feet hanging out the door. Despite being asleep and only partially in the vehicle when officers first observed him, the Defendant may still be charged with Driving While Intoxicated, as well as additional charges for being under the influence of a controlled dangerous substance, and reckless driving. Charges and penalties for these offenses will still apply because N.J.S.A. 39:4-50 applies a very liberal definition of what constitutes “operating” a motor vehicle, and New Jersey Courts have repeatedly found defendants guilty of charges relating to operating a motor vehicle even when officers did not actually observe the offender driving the vehicle, including cases in which the offender was found sleeping in the vehicle.
Parsippany DWI Penalties
For the driving while intoxicated charges, the Defendant will face potential minimum penalties of at least a 3 month driver’s license suspension, over $700 in fines and fees, a $1,000 insurance surcharge per year for three years, and potentially up to 30 days in prison, under N.J.S.A. 39:4-50. Penalties will be higher if the Defendant’s blood alcohol level is alleged to be over .1, with penalties increasing to a driver’s license suspension of 7 months to 1 year, an ignition interlock requirement during license suspension and for 6 months to 1 year following restoration of his license, over $800 in fines and fees, a $1,000 insurance surcharge per year for three years, and potentially up to 30 days in prison. If the Defendant has been found guilty of another DWI conviction within the past 10 years, penalties will further increase to a driver’s license suspension of 2 years, an ignition interlock requirement during license suspension and for 1 to 3 years following restoration of his license, over $1,000 in fines and fees, a $1,000 insurance surcharge per year for three years, and 2 to 90 days in prison. For a third offense within the past 10 years, penalties would rise to a driver’s license suspension of 10 years, an ignition interlock requirement during license suspension and for 1 to 3 years following license restoration, over $1,500 in fines and fees, a $1,500 insurance surcharge per year for three years, and 180 days in prison.