A charge of alleged driving while intoxicated (DWI) in New Jersey requires a thorough and vigorous defense from the moment charges are filed. A recent decision from the New Jersey Superior Court, Appellate Division, State v. Haas, demonstrates that a court may not be able to reduce certain penalties prescribed by state law, regardless of the circumstances. The municipal court ordered that the defendant was subject to “house arrest” while his appeal of the merits of his conviction was pending in the Superior Court, Law Division. The Law Division, while denying his appeal, credited his 149 days of house arrest as “time served” towards the 180-day minimum sentence for a third or subsequent DWI offense. The state appealed this decision, and the Appellate Division ruled that a credit against the mandatory minimum sentence is not authorized under New Jersey law.
The municipal court convicted the defendant of his third DWI offense. For a third or subsequent DWI conviction, § 39:4-50(a)(3) of the New Jersey Revised Statutes imposes a sentence of “not less than 180 days in a county jail or workhouse,” with the possibility of reducing the total sentence by up to 90 days for participation in certain drug or alcohol treatment programs.
The defendant asked the municipal court to stay the sentence while he appealed the conviction to the Law Division. New Jersey Court Rule 7:13-2 allows a municipal court to stay all or part of a sentence “on such terms as the court deems appropriate.” The court ordered the defendant confined to his home during the appeal. He could only leave to see his counsel, his doctors, and, at the defendant’s request, for one three-hour visit per week with his adult daughter, for whom he provided care after she suffered a brain injury.