Reisig Criminal Defense & DWI Law, LLC

DUI Defense For Every County In The State Of New Jersey

1,402 Of My Clients = NO DWI!*

Available 24 Hours A Day- 1-732-625-9660, 1-888-628-8394

NJ DWI Defense

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I recently pled guilty to DWI In NJ based upon my breath test reading of .18….

September 20, 2013 by Matthew Reisig

As part of my sentence, the Judge ordered that I must install an interlock device on my car for a period of 1 year once I get my license back. Knowing I was going to lose my license, I sold my car. If I no longer own a car, am I still subject to the interlock requirement?

he Ignition Interlock device provision in the DWI statute pertains to most individuals convicted of DWIs and all individuals convicted of Refusal in New Jersey. More specifically, it pertains to “the motor vehicle principally operated by the offender.” Therefore, an individual who does not own or lease a motor vehicle and is subject to the Ignition Interlock penalties must demonstrate to the motor vehicle commission that they do not have available to them a motor vehicle that they principally operate.

Regardless, an individual subject to the Ignition Interlock device cannot operate any motor vehicle that is not so equipped during the proscribed period. Otherwise, they can be charged with a disorderly persons offense if they are found to be operating a motor vehicle that is not equipped with an Ignition Interlock Device and would be subject to an additional one year loss of license.

There is an open question as to whether the one year Ignition Interlock device penalty would pertain to such an individual once they did have a motor vehicle that was principally operated by them. In other words, such an individual would have a continuing duty to disclose to the MVC once their present circumstance of not having a motor vehicle to principally operate should change. The bottom line is that an individual is not going to defeat the Ignition Interlock device requirement unless they permanently decline to drive in the State of New Jersey.

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Reisig Criminal Defense & DWI Law, LLC OFFERS FREE TELEPHONE AND OFFICE CONSULTATIONS AT 732-625-9660.

Main Office: 1 Broad Street Freehold, NJ 07728 - 732*625*9660
Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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