Prior REFUSAL Now Counts as A DWI For Sentencing! – State v. Ciancaglini

[1/07/10 – 10:20 am] This morning, the Appellate Division reversed a long-standing precedent and held that a prior conviction for refusing to submit to a breath test will now count as a prior DWI conviction for purposes of sentence enhancement. By way of example, in the case before the Appellate Division, the defendant had a 1979 DWI conviction and a 2006 Refusal Conviction. The defendant argued that she should be considered a first offender since the only prior DWI case was more than 10-years old and the refusal does not enhance the DWI sentence. The Appellate Division ruled that she should be treated as a third offender as the refusal conviction must now be regarded as a DWI conviction for sentencing purposes.

Download a copy of the Court’s decision in the case, captioned State v. Ciancaglini.

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