Thursday, May 11, 2017

State v Wheatley Driver with prior school zone DWI sentenced as 2nd Off...




Driver with prior school zone DWI sentenced as 2nd Offender State v. Wheatley 447 NJ Super. 532 (App. Div. 2016) 
Distinguishing State v. Reiner, 180 N.J. 307 (2004), the court held that a defendant who was previously convicted of driving while intoxicated (DWI) in a school zone in violation of N.J.S.A. 39:4-50(g) is subject to the increased penalties applicable to second offenders under N.J.S.A. 39:4-50(a)(2) when he was subsequently convicted of a conventional DWI in violation of N.J.S.A. 39:4-50(a).

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