The opinion of the court was delivered by GAYNOR, J.A.D.
On this appeal, defendant challenges the de novo affirmance of the Denville Municipal Court's determination that a 1976 conviction under N.J.S.A. 39:4-50.4 for refusing to submit to a breathalyzer test subjected him to the enhanced penalties, as a subsequent offender, upon his refusal conviction under the successor statute, N.J.S.A. 39:4-50.4a. He contends the enhanced penalties may be imposed...
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