No Alternative To Jail For Driving While Suspended For DUI

Anthony Frezza was charged with operating a motor vehicle while suspended for multiple driving under the influence (DUI) (N.J.S.A. 39:4-50) charges pursuant to N.J.S.A. 2C:40-26(b) after being stopped on the Atlantic City Expressway in the early morning hours of February 4, 2012. Pursuant to the statute, the requisite sentence is 180 days in jail without parole with no sentencing discretion afforded to the court. After a trial in State v. Frezza at which the defendant was found guilty, the municipal court judge sentenced Frezza to 180 days in jail without parole with alternatives including house arrest. The State cross-appealed and appeal filed by Frezza challenging the sufficiency of evidence. The NJ Appellate Division relied on State v. Pitcher, 379 N.J. Super. 308, 319 (App. Div. 2005) in holding that Frezza’s motor vehicle record was admissible as prima facie evidence that he was suspended for driving while intoxicated (DWI) at the time he was stopped and admitted to driving while suspended. Frezza was serving a suspension for a second DUI offense and, pursuant to State v. Cuccurullo, 228 N.J. Super. 517, 520-21 (App. Div. 1988), a driver is suspended for DUI when the sentence is imposed, even if the driver is still serving a suspension for an earlier event. In State v. French, 437 N.J. Super. 333, 335-39 (App. Div. 2014), the court clarified that a 180 day jail sentence without parole is required and no sentencing alternatives are permissible. As a result, the NJ Appellate Division reversed the sentence and remanded for sentencing in conformance with the statutory requirements of N.J.S.A. 2C:40-26(b). DWI charges, whether for alcohol or drugs, are very serious charges and can lead to loss of driving privileges up to 10 years as well as incarceration. Additionally, the newly created statute regarding driving while suspended for multiple DUI offenses guarantees a 6 month jail term. If you are facing charges or charges of driving while suspended for DUI it is critical that you obtain experienced defense counsel immediately. For more information about driving while suspended for DUI, DWI, DUID, controlled dangerous substances (CDS) in a motor vehicle, refusal to submit to chemical breath tests, reckless driving or other serious motor vehicle charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Stay Of Suspension During DUI Appeals Becomes Unlikely

As a result of State v. Robinson, judges have been warned about the stay of license suspensions pending appeal in driving under the influence (DUI) cases. Brian Robertson was convicted of driving while intoxicated as a result of the officers observations and his Alcotest reading of .13% blood alcohol content (BAC) after Robertson provided breath samples. In an effort to eliminate the Alcotest results, the defendant sought records with regard to repairs and diagnostic tests with regard to the specific Alcotest machine used. The records were not provided and the defendant appealed. Both the municipal court judge and the state court judge stayed the sentence of 7 month license suspension pending appeal. The NJ Appellate Division affirmed the conviction as some of the records sought had been deleted in good faith and others would not sway the court from convicting the defendant based on the officers observations and totality of the circumstances. The most problematic issue with this case for the Appellate Division was the stays of sentence permitted without findings as to the factors set forth in Crowe v. DeGioia, 90 N.J. 126 (1982). The factors include the result of irreparable harm to the defendant if temporary relief is not afforded, whether any substantial issue remains unsettled, whether all material facts are controverted, and the whether a hardship would result to the defendant in the event the defendant's license suspension was not stayed. Neither the municipal court judge nor law division judge made findings with regard to defendant's driving or substance abuse history or any harms, such as loss of employment, he could have sustained as a result of the sentence imposed. As a result of the need to protect the public from the possibility of defendant's re-offending during the appellate process, judges are cautioned that stays pending appeal are not to be utilized "without giving good reason for it." A conviction for driving while intoxicated or driving under the influence in NJ has serious and lasting effects including the obvious loss of license as well as ramifications in later civil or criminal suits for wrongful death, damages and the like. A DUI, even if a first, can result in lengthy suspensions, fines and even jeopardize your ability to obtain certain professional licenses or other jobs. If you are charged with DUI in NJ, you should contact an experienced driving under the influence defense attorney to protect your rights. For more information about DWI, drug DUI, controlled dangerous substances (CDS) in a motor vehicle, reckless driving or other serious motor vehicle charges in New Jersey visit www.HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.