Monthly Archives: November 2012

Municipal Court Diversion Diverted

11/20/12:   The Governor “conditionally vetoed that part of the new Municipal PTI statute that would have imposed exorbitant fees, but indicated he would sign the Bill otherwise. Municipal PTI would be a program for first time offenders allowing them to be diverted from from court to a period of good behavior and then dismissal . The State Bar expressed the same concerns.

Jeff Gold

Refusal sentence can be concurrent to DWI … but not necessarily

11/16/12. The N.J. App. Div. in an unpublished case today, State v Murphy, held that a trial court can sentence a refusal concurrently to a DWI without a guideline 4 plea agreement. The court first held perState v Moran that the additional 90 days suspension issued in this case required analysis of the Moran (agg agg/mit )factors, which was obvious and would not have generated a DWI Update, but then the court tossed in at the end that consecutive refusal also had to be re-sentenced according to Moran. Trial courts had differing views on this issue around the state, some viewing that DWI and refusal convictions at trial required consecutive sentences, as opposed to guideline 4 pleas which creates an incentive for a defendant to plead guilty. Other courts had no problem doing concurrent sentences since they would otherwise be burdening the right to trial.

 

Jeff Gold