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In State v. Ciancaglini, the Supreme Court of New Jersey ruled that a past conviction for refusal to submit to a breath test does not count as a prior offense for DWI sentencing purposes. The Court stated in the opinion that the legislature, “never endeavored to provide ... that a prior refusal conviction could be treated as a prior DWI”.
This is a favorable decision for those parties charged with DWI.
Contact Bergen County DWI/Municipal Court Lawyer Eric J. Aretsky.
For a legal consultation or representation from the dedicated attorneys at Aretsky & Aretsky, P.C., contact us on-line or call us at 201-345-3761. Our offices are located in Ridgewood, New Jersey, easily accessible for clients throughout the Bergen County area.
