State of New Jersey v. James J. Revie

Summary

The Supreme Court of New Jersey held that the DWI statute's step-down provision, N.J.S.A. 39:4-50(a)(3), may benefit a defendant more than once when more than ten years without an infraction separates the relevant DWI offenses. Because the defendant's uncounseled prior conviction could not enhance incarceration but could count toward administrative penalties, the Court held that he should be sentenced as a second offender for incarceration and as a third or subsequent offender for administrative penalties.

Holdings

1. The step-down provision may benefit a DWI offender more than once when, in each instance, the defendant's most recent and current DWI offenses are separated by more than ten years without an infraction.
2. Revie's uncounseled 1982 DWI conviction could not be used to enhance the term of incarceration imposed for his subsequent DWI offense, but it remained a prior conviction for purposes of administrative penalties.
3. For incarceration, Revie was to be sentenced as a second DWI offender; for administrative penalties, he was to be sentenced as a third or subsequent offender.

Questions Presented

1. Whether N.J.S.A. 39:4-50(a)(3) permits a DWI offender to receive the statutory step-down more than once when each relevant interval between the most recent and current offenses exceeds ten years without an infraction.
2. Whether Revie's uncounseled 1982 DWI conviction could be used to enhance incarceration or administrative penalties for his 2010 DWI conviction.

Disposition

reversed_and_remanded