Legal Opinion
State v. Ciancaglini
Supreme Court of New Jersey
Decided January 19, 2011No. A-92/93 September Term 2009PublishedCited by 20 opinions
1Opinion of the Court
Judge STERN
(temporarily assigned) delivered the opinion of the Court.
The critical issue presented by this appeal is whether a conviction for refusing to submit to a breathalyzer test, N.J.S.A 39:4-50.4a, can be used to enhance a sentence for driving while intoxicated (DWI), N.J.S.A 39:4-50. In State v. DiSomma, 262 N.J.Super. 375, 383, 621 A.2d 55 (App.Div.1993), the Appellate Division held that “a prior refusal conviction cannot serve as the basis” to enhance a subsequent DWI conviction. In this case, however, the Appellate Division held that a refusal conviction does qualify as a “prior…
2Cases cited41 opinions
- United States v. DiFrancescoSupreme Court of the United States · 1980
- DiProspero v. PennSupreme Court of New Jersey · 2005
- Hubbard Ex Rel. Hubbard v. ReedSupreme Court of New Jersey · 2001
- Weaver v. PaytonSupreme Court of the United States · 1981
- Sheeran v. Nationwide Mutual Insurance Company, Inc.Supreme Court of New Jersey · 1979
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3Cited by20 opinions
- State v. SchubertSupreme Court of New Jersey · 2012
- State v. James J. Revie (072600)Supreme Court of New Jersey · 2014
- State v. Roger Paul Frye (070975)Supreme Court of New Jersey · 2014
- State v. LocaneNew Jersey Superior Court Appellate Division · 2018
- State v. Susan Hyland (079028) (Camden County and Statewide)Supreme Court of New Jersey · 2019
15 more not listed; retrieve them via the Exa API.