By Tamra Katcher and Joseph P. Rem, Jr.
Rem Katcher Law Group
First, apologies for the void over the past several months without the Criminal Law Update. We know there are many who have asked for it and wondered when we would be back – so here we are….
New Laws You Need to Know
As most of you know, on August 23, 2019, Governor Murphy signed into law a new and revised DWI law which became effective December 1, 2019. The law reduced or eliminated driver’s license suspensions in favor of requiring installation of an ignition interlock device, or IID, as part of the sentence for most DWI convictions. Those most impacted by the new law are first offenders with BAC readings below 0.15%. For those in this category, there is no DL suspension as long as the individual has the IID installed on his/her vehicle at the time of conviction. If the device is not installed at that time, then DL suspension is only until the client installs the device and presents a receipt to MVC to get his/her license restored. Thus, the period of license suspension is reduced to a few days as opposed to several months under the old statute. Other major changes to the statute include a new provision for those who do not own or have a car available to them; the removal of the IID requirement for first offense drug-DWI convictions; and the rescission of the school zone DWI offenses.