Item: Levow DWI Law, P.C.
Rating: 5
Author: T.N.

Is DWI a Criminal Charge in New Jersey?

DWI is a traffic offense, not a criminal charge, in New Jersey.

If convicted of DWI in New Jersey, a person can properly answer that he or she has not been convicted of a crime.

DWI is the most serious traffic offense in New Jersey, and the courts have accorded it “quasi-criminal” status, which means that it has most of the constitutional protections associated with a criminal charge, except for a jury trial. There are no jury trials in New Jersey on traffic offenses, or quasi-criminal charges.

Even though jail time must be served on third or greater offenses, and jail can be part of the sentence in a second or even a first offense, an accused motorist does not have the right or ability to have a jury trial for a DWI charge. This is based on a United States Supreme Court case which states that jury trials are not required where the jail term does not exceed six months. Third or greater offense DWI convictions in New Jersey require 180 days in a county jail.

★★★★★

This firm is arguably the best representation money can buy. Highly adept and committed, Evan makes himself available all hours of the day to provide accurate and concise answers to any questions/concerns and put your mind at ease. I was highly satisfied with the results he and his team delivered. Worth every penny. T.N.

I express my utmost gratitude to Evan Levow. When I met Evan, I was charged with a DUI, with a prior DUI 10 years ago. Before that case was over, I unfortunately received another DUI, and was now facing 180 days in jail. In both cases, Evan got the DUI's dismissed! Evan and his team demonstrate knowledge, expertise, professionalism, perseverance, and much more. There is a passion for justice in this firm and I witnessed that "fire" in Evan. Thank You so much. F.C.

You dug through the facts of my case thoroughly and found all the errors that were made by the officers. From the breathalyzer error, to the observed time error, to my condition, to my foot failing the balance test, you dug out all the facts, and I am grateful for that. I am back to my career which is a bus driver and once again thank you. D.B.

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