State v. Reiner

In this appeal we are called on to determine whether the heightened penalties contained in N.J.SA 39:4-50(g) (subsection (g)), applicable upon conviction of a second offense of driving while intoxicated (DWI) within 1,000 feet of school property, may be imposed when a defendant’s first DWI offense did not occur within 1,000 feet of school property. The predicate “first offense” here involved a conviction and sentence under N.J.SA 39:4-50(a) (subsection (a)). A divided Appellate Division held that the subsection (g) second-offender penalties applied in the foregoing circumstances. State v.…