Aggravating/Mitigating Factors apply in DWI Sentencing – State v. Henry

[02/09/11 – 12:29 pm] This morning, the Committee on Opinions approved the publication of the Law Division decision in State v. Henry. In the decision, the Court holds that the aggravating and mitigating factors set forth in NJSA 2C:44-1 of the Code of Criminal Justice apply to the imposition of a discretionary jail term in a drunk driving case. Moreover, the Court ruled that a high blood alcohol level for the defendant may properly be considered as an aggravating factor.

Download a copy of State v. Henry.

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