The opinion of the court was delivered by KIMMELMAN, J.A.D.
The issue on appeal is whether defendant Vincenzo Latona should be sentenced as a second or third time offender for driving while intoxicated (DWI), in violation of N.J.S.A. 39:4-50.
On July 22, 1996, defendant appeared before the Sparta Municipal Court and pled guilty to the offense of DWI. As a third-time offender, defendant was sentenced to serve 180 days in the county jail and his driving...
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