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).