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NJ Supreme Court to Consider Whether Refusal = DUI

Posted on May 20, 2010

In a February post, I reported on an Appellate Division ruling that a conviction for refusal to submit to a breath test equates to a prior DUI for sentencing purposes if that person is subsequently convicted of drunk driving.  In other words, if someone is convicted of drunk driving for the first time, but had a prior conviction for refusal, he would be sentenced as a second offender on the DUI!

Well, it looks like the State Supreme Court is going to weigh in on this.  On May 7, the court decided to hear the matter of State v. Ciancaglini.  A docket number has been assigned, but there is no date yet for oral argument.  Let's hope that the court sees reason in this and reverses this unjust finding.

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