Enhanced 39:3-40 punishment for out-of-state Drunks – State v. Colley

In Friday’s Appellate Division decision in State v. Colley, the Court ruled that a New York resident who had been suspended in New York for drunk driving was subject to the enhanced penalties under N.J.S.A. 39:3-40 when he drove a motor vehicle in Fort Lee. Under previous published decisions dealing with N.J.S.A. 39:3-40 enhancements, the Court had held that a New Jersey licensee who has been convicted of drunk driving in another state will be subject to the enhanced penalties for driving on the revoked list in our state. Friday’s opinion in Colley, expands this rule of law to include anyone who has been subject to a license suspension as a result of a DWI conviction in any state who subsequently drives in New Jersey while under suspension for the DWI.

Download a copy of State v. Colley.

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