No Night or Weekend Jail for NJSA 2C:40-26

On May 21, 2019, the New Jersey Supreme Court decided State v. Rene M. Rodriguez (A-80-17) (081046). The Court was asked to determine whether defendants convicted of the fourth-degree crime of operation of a motor vehicle during a period of … Read More

One Prior DWI and One Prior Refusal Sufficient for N.J.S.A. 2C:40-26

On July 10, 2018, the New Jersey Appellate Division decided State v. James T. Dougherty. In this case, the defendant had a prior conviction for DWI and a separate conviction for refusal to submit to a breath test. The defendant’s … Read More

Appellate Division of New Jersey Clarifies 2C:40-26

The Appellate Division of New Jersey ruled on State v. Perry on March 3, 2015. The Court ruled that 2C:40-26 does not apply to defendants who have served a period of license suspension for DWI, but have not yet restored … Read More