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STATE v. NICOLAI

287 N.J. Super. 528 (1996)

671 A.2d 611

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT NICOLAI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1996.

Attorney(s) appearing for the Case

John Dangler, Morris County Prosecutor, attorney for appellant (Joseph Connor, Jr., Assistant Prosecutor, on the letter-brief).

Advokat & Rosenberg, attorneys for respondent (Jeffrey M. Advokat, on the brief).

Before Judges MICHELS, BAIME and KIMMELMAN.

The opinion of the court was delivered by BAIME, J.A.D.

The State appeals, contending that the Law Division imposed an illegal sentence on defendant's fourth conviction for driving while intoxicated (N.J.S.A. 39:4-50). We agree and reverse.

The tortured procedural history of this case can only be understood in the context of our drunk driving laws, which provide enhanced penalties for repeat offenders. Penalties for first offenders include a fine between...

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