Muni-mail – NY DWAI Law can enhance NJ DWI Sentencing – State v. Zeikel

[11/09/11 – 12:32 pm] This morning, in a case captioned State v. Zeikel, the Appellate Divisiosn ruled that New York’s “driving while ability impaired: statute is substantially similar to New Jersey DWI statute as reflected in NJSA 39:4-50. As a result, a prior conviction under the New York statute may be used to enhance a subsequent New jersey conviction. In Zeikel, the Court reasoned that because New Jersey has interpreted “intoxication” to include any degree of impairment in driving ability, defendant’s convictions in 1981 and 1984 were of a substantially similar nature as a DWI conviction in New Jersey. Without clear and convincing proof from defendant that they were based exclusively on a BAC of less than 0.08%, a New York conviction can enhance the sentence associated with a subsequent New Jersey DWI conviction.
Download a copy of State v. Zeikel – click on this link:

http://www.judiciary.state.nj.us/opinions/a1495-10.pdf

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