Muni-mail – CDL Refusal & DWI Refusal NOT the same – State v. Nunnally
[05/04/11 – 11:33 pm] This morning, in a case captioned State v. Nunnally, the Appellate Division ruled that there are a number of distinct differences betweeen the general DWI refusal statute under NJSA 39:4-50.4a and the commercial driver DWI refusal statute under NJSA 39:3-10.24. The differences are so vast, that the commercial refusal is not a lesser included offense of the general statute. Moreover, a person who has been arrested for drunk driving in a commercial vehicle under NJSA 39:3-10.13 may only be prosecuted under the CDL refusal statute and not the general refusal statute.
The Nunnally case is critically important in that it is the first time the Appellate Division has contured in any detail the offenses of drunk driving and refusal to submit a breath test in a commercial motor vehicle.
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