Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500
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Tuesday, July 01, 2008

State of New Jersey vs. William Schadewald

05-05-08 A-1191-06T5

1. A defendant convicted of a second or subsequent offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50, who seeks a step-down in sentence on the ground that one or more of the prior convictions were uncounseled, pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), must first petition for postconviction relief (PCR) in the municipal court in which the prior uncounseled conviction occurred.

2. The PCR proceedings in municipal court are governed by Rule 7:10-2(f) and (g).