STATE v. LEARY


232 N.J. Super. 358 (1989)

556 A.2d 1328

STATE OF NEW JERSEY, PLAINTIFF, v. MARION G. LEARY, DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided February 21, 1989.


Attorney(s) appearing for the Case

Lauren Damiano for plaintiff (Stephen G. Raymond, Prosecutor of Burlington County, attorney).

David A. Gies for defendant (Charles J. Casale, Jr., attorney).


HAINES, A.J.S.C.

This opinion holds that the Intoxicated Driver Resource Centers ("IDRCs") have no valid rules of procedure and, consequently, persons convicted of driving while intoxicated ("DWI") cannot be sentenced to participate in IDRC programs. Such sentences deny due process.

Marion G. Leary was convicted of DWI and, among other things, sentenced to serve two consecutive days at an IDRC. After completing the two-day program, he was informed that 16...

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