Drunk Boating Doesn’t Enhance DWI – State v. Solarski

This morning’s decision in State v. Solarski holds that a conviction for drunk driving is not subject to sentencing enhancement based upon a prior conviction for intoxicated operation of a vessel under N.J.S.A. 12:7-46. In Solarski, the defendant was subject to third offender level penalties as a result of one prior DWI conviction and one prior intoxicated boating conviction. His application for post-conviction relief to the sentencing court on the basis of an illegal sentence was denied. The Appellate Division reversed this decision and ruled that the Legislature did not intend to enhance DWI sentences based upon intoxicated boating convictions.

Download a copy of State v. Solarski

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