N.J. legislature fixes N.J. Supreme Court decision

N.J. Legislature “Fixes” another N.J. Supreme Court Decision

N.J. Law Journal reports today:

Scarcely a month after the state Supreme Court held convictions of refusing to submit to breath tests don’t count as prior DWI offenses for sentencing purposes because the Legislature never said so, two Assembly members are remedying the situation. On Feb. 10, Mary Pat Angelini and David Rible, both R-Monmouth, introduced A-3775, which would amend the drunken-driving statute, N.J.S.A. 39:4-50, to add: “For sentencing purposes, a conviction for a violation [of the refusal statute] shall constitute a prior conviction under this subsection.” It similarly would amend the refusal statute, N.J.S.A. 39:4-50.4a, to mandate that a DWI conviction counts as a prior offense in future refusal convictions. “It’s something that caught our attention [and] seems to be a glitch in the system,” says Rible.

N.J. State Senate takes action, too. But, Sponsor of Senate Bill re-thinks moving the Bill forward in the face of objections. Read more…


About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information and beating NYC parking tickets for the driving community in NYC

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