Legal Opinion

State v. Petrello

New Jersey Superior Court Appellate Division

Decided November 4, 1991PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the court was delivered by

GRUCCIO, J.A.D.

At issue on this appeal is whether or not the mandatory enhanced penalty provisions for a subsequent conviction of driving while intoxicated in violation of N.J.S.A. 39:4-50 should be imposed at sentencing where the second violation occurs prior to sentencing for the first conviction.

The facts are not disputed. On April 22, 1989, defendant Paul Petrello was charged with operating a motor vehicle while under the influence of alcohol, N.J.S.A. 39:4-50, in the Borough of Metuchen. Thereafter, on May 21, 1989, defendant was again charged…

2Cases cited6 opinions

  1. State v. HawksSupreme Court of New Jersey · 1989
  2. State v. JohnsonNew Jersey Superior Court Appellate Division · 1970
  3. State v. AndersonNew Jersey Superior Court Appellate Division · 1982
  4. State v. AndersonSupreme Court of New Jersey · 1983
  5. State v. SturnNew Jersey Superior Court Appellate Division · 1972

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3Cited by6 opinions

  1. State v. ZeikelNew Jersey Superior Court Appellate Division · 2011
  2. Smith v. StateCourt of Appeals of Alaska · 2004
  3. State v. HillNew Jersey Superior Court Appellate Division · 1999
  4. State v. NicolaiNew Jersey Superior Court Appellate Division · 1996
  5. STATE OF NEW JERSEY VS. ANTHONY SCUDIERI (20-004, MONMOUTH COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021

1 more not listed; retrieve them via the Exa API.

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