Prior Refusals DO NOT enhance DWI Sentences – State v. Ciancaglini

[01/19/11 – 10:55 am] This morning, in a unanimous decision, the New Jersey Supreme Court ruled that a prior conviction for refusing to submit to a breath test under NJSA 39:4-50.4a does not enhance a subsequent conviction for drunk driving under NJSA 39:4-50. The Court’s opinion, written by Judge Stern, restores the law to the way it was under State v. Disomma prior to the Appellate Division’s decision in this case.

Download a copy of State v. Ciancaglini.

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