• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Press Room
    • Why Choose Villani & DeLuca
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

New York DWAI Similar to New Jersey DWI

December 4, 2011 by Carmine Villani

A New York DWAI Could be Used to Enhance the Penalties of Your Current New Jersey DWI Conviction

In a recent Superior Court of New Jersey Appellate Division case, State v. Zeikel, the question of sentencing for repeat offenders of New Jersey DWI laws was addressed. More specifically, the Appellate Division had to decide if two prior DWAI (Driving While Ability Impaired) charges from New York State had any bearing on the enhanced sentencing as a repeat DWI offender in New Jersey. The Appellant, Jeffrey Zeikel argued that they should not have any bearing on his current New Jersey DWI sentencing because the New York DWAI charge is not “substantially similar” to the New Jersey DWI, DUI, Refusal statute. This is a requirement under N.J.S.A. 39:4-50 which reads: “A conviction of a violation of a law of substantially similar nature in another jurisdiction…shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration (BAC) of less than 0.08%.”
In defining the statutory language of “substantially similar” the court ultimately ruled that a New York State DWAI is similar to a New Jersey DWI. The statutory language places the burden of proving that it is NOT “substantially similar” on the defendant. In other words, Mr. Zeikel needed to show by “clear and convincing evidence” that the New York DWAI conviction was based exclusively on a violation that proscribed a BAC of less than 0.08%. In this case, Mr. Zeikel could not present the appropriate evidence as the older New York DWAI’s occurred in the 1980’s. Due to their age, the proper New York authority no longer had an evidentiary record of them. Simply, if the defendant cannot introduce evidentiary proof (whether it is available or not), the prior convictions will serve to enhance the punishment of the current New Jersey DWI charge.
The court also relied on previous holdings on the same issue, which was quite damaging to the defendant’s case. According to Div. of Motor Vehicles v. Lawrence, the court held that a New York DWAI was “of a substantially similar nature as a New Jersey DWI conviction,” and in comparing the language and policy goals of the New York and New Jersey statutes, the court concluded that, ” both laws deal with alcohol related offenses and are aimed to deter and punish drunk drivers.” Essentially, the New Jersey court gave full faith and credit to the New York DWAI statute when it decided to use a prior conviction under it for enhancement purposes.

Contact Villani & DeLuca for Help with DWI or DUI

If you have been charged with a New Jersey DWI and have prior convictions under another state’s DWI statute, you need to contact an experienced New Jersey DWI attorney to help mitigate your penalties. Contact experienced New Jersey DWI lawyer, Carmine R. Villani, Esq. of Villani & DeLuca, P.C. for a free initial consultation. Call 732-965-3350 today!
SOURCE:
State v. Zeikel, Superior Court of New Jersey, Appellate Division, Docket No. A-1495-10T4, approved for publication November 9, 2011.

Categories: NJ DWI & Traffic Law Blog

Primary Sidebar

Free Consultation

Recent Posts

  • What Happens in a Divorce Mediation in New Jersey?
  • How Much Does Divorce Mediation Cost?
  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2022 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap