On March 29, 2016, the Appellate Division of New Jersey decided State v. Viarengo (Docket No. A-2004-14T4). In this case, the defendant was charged with the indictable offense of driving while suspended (N.J.S.A. 2C:40-26b).
The defendant was charged with 2C:40-26b because he was allegedly driving while suspended for his second offense DWI conviction, which is a fourth degree crime.
The defendant applied for Pre-Trial Intervention (PTI). This diversionary program allows defendants to avoid a conviction and jail time if they successfully complete the terms of the program. However, the PTI Program Director in this case rejected Mr. Viarengo’s application.
The Appellate Division found that the rejection was an abuse of discretion and remanded the case back to the trial court for further consideration.
If you have been charged with a DWI or a related offense, call Jason T. Komninos, Esq. for a free consultation at (201) 343-4622.