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STATE v. WILHALME

206 N.J. Super. 359 (1985)

502 A.2d 1159

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KEVIN V. WILHALME, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM DENNO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1985.

Attorney(s) appearing for the Case

Frank D. DeVito, argued the cause for appellants (Francis X. Moore, attorney; Frank D. DeVito on the briefs).

James W. Kennedy, Assistant Prosecutor, argued the cause for respondent (John A. Kaye, Monmouth County Prosecutor, attorney; James W. Kennedy on the briefs).

Before Judges PRESSLER, BILDER and GRUCCIO.

The opinion of the Court was delivered by BILDER, J.A.D.

These cases, consolidated for the purpose of this opinion, both involve the question of whether the enhanced two-year license suspension penalty for refusal to take a breathalyzer test set forth in N.J.S.A. 39:4-50.4a is applicable where the driver has a prior conviction for driving while intoxicated but not for refusal. Both defendants were convicted of refusal and penalized by two-year suspensions....

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