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State v. Thomas

Case Conclusion Date: 12.21.2007

Practice Area: DUI and DWI

Outcome: Appeal Overturned

Description: Defendant was convicted of driving while her license was suspended and sentenced by the municipal court to an enhanced period of incarceration under N.J.S.A. 39:3-40(f)(2) because the suspension had been imposed on a DWI conviction. On appeal, the Superior Court, Law Division, Criminal Part, held that, because the underlying DWI conviction had been entered in the absence of a knowing and voluntary waiver of the right to counsel, State v. Laurick, 120 N.J. 1, 575 A.2d 1340(1990), prohibited the imposition of an enhanced jail term.

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