State v. Reiner

FUENTES, J.A.D.,

dissenting.

My colleagues in the majority have concluded that defendant is subject to the enhanced penalties expressly reserved for second offenders under N.J.S.A. 39:4-50(g), despite the fact that this is the first time he has committed this type of offense. I disagree and therefore dissent. The majority’s conclusion runs counter to well established principles of statutory construction, undermines the policy of deterrence underlying the linkage between offense-specific recidivism and the escalation of punishment and needlessly casts irito doubt the statute’s constitutionality.

I…