State v. Dougherty

ALVAREZ, P.J.A.D.

*338Drivers commit a fourth-degree crime if they operate a motor vehicle during a period of license suspension for a second or subsequent motor vehicle violation of driving while intoxicated (DWI), N.J.S.A. 39:4-50, or refusal to submit to a breath test (refusal), N.J.S.A. 39:4-50.4(a). N.J.S.A. 2C:40-26(b). When defendant James T. Dougherty was arrested and charged with violating N.J.S.A. 2C:40-26(b), he had one prior DWI conviction, one prior refusal conviction, and his license was suspended for the refusal. He contends 2C:40-26(b) requires convictions of the same two predicate…