State v. Roger Paul Frye (070975)

In this appeal, defendant, Roger Paul Frye, challenges his conviction and sentence for refusal to submit to a breathalyzer test, N.J.S.A 39:4-50.4a.

On May 12, 2009, defendant pled guilty to refusal to submit to a breathalyzer test and was sentenced as a third-time offender, thereby receiving a ten-year driver’s license suspension, along with fines and penalties. Defendant’s sentence was based on the municipal court judge’s finding that under the refusal statute, defendant was a third-time offender because he had two previous convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50.…