STATE v. CIANCAGLINI
A-2785-08T4 01-07-10
In this appeal from a DWI conviction, after prior separate DWI and refusal convictions, we disagree with the holding of
State v. DiSomma, 262 N.J. Super. 375 (App. Div. 1993), and hold
that the prior refusal conviction does count toward making this
a third offense. Our holding is consistent with a line of cases
both before and after DiSomma concluding that a prior DWI
conviction counts toward enhancement of the sentence imposed for
a refusal conviction. See, e.g., State v. Tekel, 281 N.J.
Super. 502 (App. Div. 1995).
We also hold that double jeopardy does not bar reinstatement
of the sentence originally imposed in the municipal
court for a third DWI offense, which was reduced in the Law
Division to a sentence for a first DWI offense.
