Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
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Monday, December 10, 2018

No weekend jail for third offender DWIs, must serve straight time State v. Anicama App Div.

No weekend jail for third offender DWIs, must serve straight time
State v. Anicama App Div. 

Defendant was convicted of a third or subsequent offense of driving while intoxicated (DWI). The Municipal Court allowed him to serve the mandatory 180-day sentence under N.J.S.A. 39:4-50(a)(3) two days per week. The Law Division reversed.
The Appellate Division holds a third or subsequent DWI offender is ineligible for periodic service. Michael's Law amended the DWI statutes to require the 180-day sentence be spent in jail, excepting only up to ninety days spent in inpatient drug or alcohol rehabilitation, and to preclude other options. The amendment to N.J.S.A. 39:4-51 was intended only to bar work release for such offenders, not to lift the prohibition on their release before the jail term had been served. The specific law governing DWI sentences governs over the general provision for periodic service in N.J.S.A. 2B:12-22. The court disapproves State v. Grabowski, 388 N.J. Super. 431 (Law Div. 2006), which permitted such periodic service.   (A-0452-16T4)
 39:4-50 Driving while intoxicated 3rd or Subsequent Offense penalty- $1000 fine, and
- Imprisonment not less than 180 days in county jail or workhouse, except that the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and
- Driver’s license suspension for 10 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- May order participation in a supervised visitation program as either a condition of probation or a form of community service, and

- Shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
Shall revoke all registration certificates and registration plates for 10 years, and
- Satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2- day term of imprisonment and driver's license suspension until requirements are satisfied.
Please Note Please Note: If the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

Plus $3,000 MVC surcharges and 9 car insurance points