Legal Opinion

State v. Klemmer

New Jersey Superior Court Appellate Division

Decided February 16, 1989PublishedCited by 1 opinion

1Opinion of the Court

HAINES, A.J.S.C.

This opinion concludes that the Intoxicated Driver Resource Centers (“IDRCs”) are operating without any valid rules of procedure, and therefore, deny due process to persons who are sentenced to them.

Keith Klemmer was charged with drunk driving in violation of N.J.S.A. 39:4-50. On advice of counsel, he pled guilty before the Chesterfield Township Municipal Court. A mandatory minimum first offender sentence was imposed. The sentence included the statutory requirement that he spend 12 hours, over two days, at an Intoxicated Driver Resource Center and fulfill the conditions of any…

2Cases cited16 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Connally v. General Construction Co.Supreme Court of the United States · 1926
  3. Metromedia, Inc. v. Director, Division of TaxationSupreme Court of New Jersey · 1984
  4. Busik v. LevineSupreme Court of New Jersey · 1973
  5. Town Tobacconist v. KimmelmanSupreme Court of New Jersey · 1983

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3Cited by1 opinion

  1. United States v. ReevesDistrict Court, D. New Jersey · 2012

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