DUI Refusal and Future Sentencing in NJ
- May 18, 2012
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Currently the law in New Jersey is that a prior conviction for refusal to provide a breath sample, by either Alcotest or the Breathylizer device used in the past, is not counted as a prior driving under the influence charge for sentencing purposes. In State v. Canciaglini (10 A.3d 870 (2011)), the NJ Supreme Court made the determination that refusal conviction was not the same as proof of guilt and therefore, could not be considered as a prior DWI for sentencing purposes. New legislation, A-504, proposed in January 2012 by Assemblyman Nelson T. Albano (Democrat) of Cape May, NJ is now pending before the Assembly Law and Public Safety Committee which would change the existing state of the law as determined by the court. If this bill passes prior convictions for refusal to provide breath samples will constitute a prior conviction for driving while intoxicated or under the influence for purposes of future DUI convictions in NJ. When facing any kind of municipal court or criminal charge in NJ, you should always make sure you are fully aware of the present and future consequences of a guilty plea or verdict. Because of the serious consequences of such charges, it is never a good idea to address charges without the assistance of an experienced criminal law attorney. For more information regarding municipal or criminal legal matters, visit HeatherDarlingLawyer.com.