Stephen A. Gravatt, Esq.
Attorney
565 NJ 35
Middletown, New Jersey 07748
Cellphone no.: (732)-337-7922
Email: pipking@comcast.net
DWI DUI Endangering Welfare – Criminal defense attorney defends charged for endangering welfare of children plus DWI-DUI.
One who operates a motor vehicle while impaired by alcohol or CDS-drugs commits DWI-DUI in violation of N.J.S.A 39:4-50. But in addition to operating a motor vehicle while impaired if one is simultaneously transporting children passengers one commits the criminal offense of endangering the welfare of children.
WHAT CONDUCT CONSTITUTES CRIMINAL ENDANGERING THE WELFARE OF CHILDREN?
If the operator of a motor vehicle has an elevated blood alcohol content while driving and is simultaneously transporting children in the vehicle he or she can be found guilty of endangering the welfare of children plus DWI-DUI. N.J.S.A. 2C:24-7.1A(2) makes it a criminal offense to knowingly operate a motor vehicle in a manner which creates a substantial risk of serious bodily injury to a minor. This offense can be charged as a second degree, third degree or fourth degree crime.
N.J.S.A. 2C:4-50.15B makes it a criminal disorderly persons offense to operate a motor vehicle while under the influence of alcohol while simultaneously having a minor (child) passenger in the vehicle.
IN ADDITION TO LOSING MY DRIVER’S LICENSE FOR DWI-DUI, IF CONVICTED OF THE CRIMINAL OFFENSE WHAT IS MY EXPOSURE (PUNISHMENT)?
If convicted of a second degree offense, sentencing guidelines call for imposition of monetary penalties of up to $150,000.00, plus jail time (per count) of not less than five (5) years nor more than ten (10) years, and a felony criminal record. If convicted of a third degree offense, if convicted, monetary penalties of up to $15,000.00, plus jail time of three (3) to five (5) years in the discretion of the court and a felony criminal record. If convicted of a fourth degree crime, monetary penalties of up to $10,000.00 plus jail time of one (1) year to 1.5 years and a felony criminal record.
If convicted of a disorderly persons offense, the court may impose a fine of up to $1,000.00 per count, plus jail time of up to 180 days per count and a disorderly persons criminal record.
Additionally there would be a separate criminal charge for each minor passenger in the vehicle.
DO I NEED TO RETAIN AN ATTORNEY TO DEFEND ME IF CHARGED WITH ENDANGERING?
Yes. I would recommend it. The police are required to make a written police report of the entire incident any time there is a DWI or DUI. Their job is to find violations of the law and to document them so those violations can later be proved beyond a reasonable doubt. You likewise need an experienced criminal defense attorney who can competently challenge the veracity and the accuracy of their allegations and take positions which mitigate the charges.
I recently defended a client who blew a .20 plus (blood alcohol content reading) and was apprehended with two (2) children ages 6 and 8 in the vehicle. He/she was charged with DWI-DUI plus two (2) Counts of 2nd degree endangering. This individual was going through a very trying time in his/her life before the event and just was not aware of the gravity of the situation until charged. As his/her attorney I was able to evaluate the matter and explain his/her risk for losing custody of the children, losing his/her career, facing minimum five (5) years up to ten (10) years State prison for each Count in addition to losing his/her driver’s license and the imposition of monetary penalties.
I was able to ultimately obtain a downgrade of the charges to non custodial probation (no jail time) and no criminal conviction, with mandatory alcohol counseling/treatment. There was no loss of custody and he/she was able to keep his/her employment. However, he/she also had to plead to a first time DWI-DUI and lost his/her driver’s license for seven (7) months.
If you have been charged with endangering the welfare of children plus DWI-DUI I can possibly help you avoid criminal conviction, jail time, criminal record, maximum fines.
Please contact me for a free initial consultation and a no nonsense discussion of how I can help you if retained.
Stephen A. Gravatt, Esq.
(732)-337-7922
www.njdwicriminaldefenseattorney.com
