If a driver has a prior conviction for DWI that is more than 10 years old can it be used by the court at sentencing?
In most cases, DWI convictions that are more than 10 years old cannot be used by the municipal court judge at the sentencing hearing of a DWI driver. If the second offense occurs more than 10 years after the first offense, then the court will treat the second conviction as a first offense for sentencing purposes, and if a third offense occurs more than 10 years after the second offense, the court will treat the third conviction as a second offense for sentencing purposes.
Related Questions
- If a driver was convicted of DWI or DUI in another state, does that count as a prior conviction for the current NJ DWI charge?
- If a driver has a prior conviction for DWI that is more than 10 years old can it be used by the court at sentencing?
- Can a court issue a convicted DWI driver a temporary license only to be used for work?