State v. Decher

McGANN, Jr., J.S.C.

(temporarily assigned).

This pending charge for driving while intoxicated was specially assigned to this court for disposition.1

Defendant moves, pretrial, for a decision determining whether he is before the court as a first or second offender for purposes of potential penalties under N.J.S.A. 39:4-50. More specifically he wants to know, should he be found guilty of the pending charge, whether he will be sentenced as a second or third offender. The issue poses serious consequences for him2 and is ripe for resolution.

It is undisputed that on May 11, 1972 Decher pled guilty to…