STATE OF NEW JERSEY VS. ROBERT LUZHAK
A-2445-14T3
In this case of first impression, we interpret N.J.S.A. 2C:40-26(b), which provides that it is a crime of the fourth degree to operate a motor vehicle during a period of license suspension if the license was suspended for a second violation
of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4(a), as including out-of-state convictions for DWI.
We reached our determination after consideration of analogous statutes relating to interstate recognition of motor vehicle violations and the use of equivalent out-of-state convictions as prior offenses for enhanced DWI sentencing. We also considered the legislative policy behind the statute's enactment.
