Muni-Mail – Supreme Court Grants Cert in Controversial Refusal Case – State v. Ciancaglini

[05/18/10 – 10:23] By order of May 7, 2010, the New Jersey Supreme Court has granted certification in the case of State v. Ciancaglini, 411 N.J. Super. 280 (App. Div. 2010). The case involved the sentencing range on refusal convictions and specifically held that a prior refusal conviction under NJSA 39:4-50.4a would enhance a future conviction for drunk driving under NJSA 39:4-50(a). The Appellate Division decision differed markedly from prior case law and has created enormous confusion among courts, prosecutors and the defense bar on the proper way to sentence individuals who have current or previous refusal convictions.

The Supreme Court docket number is C-882-09 (Appeal 65,408). No date has been set for oral argument at this point.

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