Supreme Court affirms Laurick Decision – State v. Hrycak

This morning, the New Jersey Supreme Court affirmed the special DWI sentencing rules it first announced in 1990 in State v. Laurick, 120 N.J. 1 (1990). In today’s case, State v. Hrycak, the Justices held that a prior uncounselled plea in a drunk driving case may not be used to enhance the jail component a subsequent dwi sentence under certain circumstances.

This decision is critically important because the decision from the United States Supreme Court that supported the original ruling in Laurick in 1990 was subsequently reversed by the United States Supreme Court in a later case.

Please note that in Hrycak, the Justices also held that a DWI third offender who has had a prior offense subject to a successful Laurick application will be subject to the maximum jail term permitted for a second offense (90-days) AND the performance of 30 days of community service as is also required for second offenders. This latter rule of law is completely new and was not part of the original holding in Laurick in 1990.

Download a copy of State v. Hrycak

View the video.

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