Out of state DWI counts for criminal driving while suspended. State v. Luzhak

Out of state DWI counts for criminal driving while suspended. State v. Luzhak  445 NJ Super. 241 (App.Div. 2016)

    In this case of first impression, the court interpreted N.J.S.A. 2C:40-26(b), which provides that it is a crime of the fourth degree to operate a motor vehicle during a period of license suspension if the license was suspended for a second violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4(a), as including out- of-state convictions for DWI.

The court reached its determination after consideration of analogous statutes relating to interstate recognition of motor vehicle violations and the use of equivalent out-of-state convictions as prior offenses for enhanced DWI sentencing. The court also considered the legislative policy behind the statute's enactment. (Kenneth Vercammen handled this case).