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Matt Rooney
is a New Jersey attorney, former Superior Court law clerk, and noted commentator who focuses his practice on family law, municipal court defense, and personal injury matters. He was recognized by SJ Magazine as a 2018 “Top Divorce & Family Attorney."

Latest posts by Matt Rooney (see all)
- N.J. COURT: Live-In Nannies Are Covered By The Prevention of Domestic Violence Act - July 31, 2019
- When will the judge hear my N.J. family court motion? - October 16, 2018
- N.J. may soon allow “hardship licenses.” Here’s what that means. | Rooney - October 10, 2018
A Proposed Bill Would Stiffen DWI/DUI Penalties and Raises Serious Constitutional Questions

[t]his bill establishes criminal penalties for second and subsequent offenses of driving under the influence (DUI) when the second or subsequent offense occurs within 60 days of the first offense. [Emphasis Added.] The bill also requires law enforcement officers to input summonses for DUI offenses into their system within three hours of the end of the officer’s shift. The bill permits the court to impose bail in an amount up to $10,000 and requires the court to suspend the person’s driver’s license.”The bill’s penalties for second offenses are harsh and represent a significant increase from the current penalties for repeat DWI offenders:
Under the provisions of this bill, a person who is convicted of a second or subsequent DUI offense that occurred within 60 days of the first offense would be guilty of a crime of the fourth degree in addition to any other penalties imposed for DUI or refusal to submit to a breathalyzer test. A crime of the fourth degree is punishable by a fine of up to $10,000, imprisonment for up to 18 months, or both.”18 months of prison for a second DWI offense would represent a huge change in the law. But did you pick up on the potential constitutional problem with this legislation, folks? After a motorist is arrested and charged with a DWI/DUI offense in New Jersey, the legal process often takes months to unfold. Adjournments are commonplace as discovery is exchanges and experts are retained. Long story short, the average DWI/DUI defendant waits more than sixty (60) days before their matter is resolved.

The following two tabs change content below.

Matt Rooney
is a New Jersey attorney, former Superior Court law clerk, and noted commentator who focuses his practice on family law, municipal court defense, and personal injury matters. He was recognized by SJ Magazine as a 2018 “Top Divorce & Family Attorney."

Latest posts by Matt Rooney (see all)
- N.J. COURT: Live-In Nannies Are Covered By The Prevention of Domestic Violence Act - July 31, 2019
- When will the judge hear my N.J. family court motion? - October 16, 2018
- N.J. may soon allow “hardship licenses.” Here’s what that means. | Rooney - October 10, 2018