State v. Nugent

Kirsch, J. M. C.

This action involves the sole issue of whether defendant is to be penalized as a first or second drunk driving offender pursuant to N. J. S. A. 39:4-50, as amended, and as effective May 25, 1977.

The facts are not in dispute. Defendant pleaded guilty to driving while under the influence of an intoxicant on April 22, 1977 and requested, as allowed, to be sentenced under the penalties of the amended law. Defendant admits that on September 23, 1975 he was convicted of violating N. J. S. A. 39:4-50(b), then known as the "impaired” driving section of the drunk driving law.

Defendant…