State v. Nicolai

The opinion of the court was delivered by

BAIME, J.A.D.

The State appeals, contending that the Law Division imposed an illegal sentence on defendant’s fourth conviction for driving while intoxicated (N.J.S.A 39:4-50). We agree and reverse.

The tortured procedural history of this case can only be understood in the context of our drunk driving laws, which provide enhanced penalties for repeat offenders. Penalties for first offenders include a fine between $250 and $400, detainment between twelve and forty-eight hours at an Intoxicated Driver Resource Center, license suspension for a period between…