Improper DWI Sentence Does Not Affect Future Sentences – State v. Smith (UNP)

Last week’s UNPUBLISHED Appellate Division in State v. Smith adds nothing to the existing body of DWI sentencing law. In this case, the defendant was incorrectly sentenced on her 3rd offense as a first offender. So, naturally, when she was convicted of her 4th offense, she argued that she should be treated as a second offender for sentencing purposes. The defendant’s argument was flatly rejected by the Appellate Division, which relied upon well-established case law that was and is directly on point and against the defendant’s position.

Download a copy of the UNPUBLISHED decision

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