State v. James J. Revie (072600)

As part of the Legislature’s statutory scheme to combat driving while intoxicated (DWI), N.J.S.A. 39:4-50 prescribes the penalties that may be imposed on a defendant for a first, second, and third or subsequent DWI offense. The statute includes a “step-down” provision, under which a second DWI offender is treated as a first DWI offender for sentencing purposes if more than ten years elapsed between his or her first and second offenses, and a third DWI offender is treated as a second DWI offender for sentencing purposes if more than ten years elapsed between his or her second and third DWI…