Prior Refusal Does NOT Enhance Penalties for Subsequent DWI Conviction

In State v Ciancaglini the New Jersey Supreme Court finally answered the question as to whether a prior conviction for refusal will enhance the penalties for a subsequent charge of DWI in New Jersey. The answer is resoundingly NO. This reversed the lower Court’s decision to the contrary.

However, in the interim, many individuals convicted of DWI in New Jersey may have had their sentences for a NJ DWI dramatically enhanced as a result of a conviction for a prior refusal offense. If this has happened to you, it is likely that your matter can be re-opened and your sentence, including your loss of license, can be dramatically reduced.

A post conviction relief motion will be necessary, but the important thing to remember is that you  may be entitled to a substantial benefit.

The courts decision can be found here


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