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Criminal Defense Litigation

2/23/2010
Frank T. Luciano, Esq.
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DRUNK DRIVING (DWI/DUI ATTORNEY IN BERGEN AND PASSAIC COUNTIES: CRIMINAL LIABILITY FOR DRIVING ON THE REVOKED LIST

New Jersey has recently passed a law that will become effective sometime in June 2011.  The law is conceived to create a criminal violation for driving on the revoked list where the underlying cause of revocation was either a drunk driving conviction or a refusal conviction.

Specifically, the first section of the law states that if a defendant has been convicted of two driving while revoked offenses during the same term of license suspension created by the drunk driving or refusal offense, it will be a crime of the fourth degree.
 
The second component of the law allows for a fourth degree conviction if the defendant is operating a vehicle while on the revoked list where the underlying cause of revocation was a second drunk driving or refusal conviction.

A mandatory jail term of not less than 180 will be imposed, where the defendant will not be eligible for parole if he/she violates any of these two sections of the law. 





Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.


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