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STATE v. REINER

850 A.2d 1252 (2004)

180 N.J. 307

STATE of New Jersey, Plaintiff-Respondent, v. Philip REINER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 7, 2004.

Attorney(s) appearing for the Case

Gregory R. Mueller, Morristown, argued the cause for appellant (Mueller, Russo & Warmington, attorneys; Mr. Mueller and Evan M. Levow, Cherry Hill, on the briefs).

Adrienne B. Reim, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Timothy M. Donohue, Chatham, argued the cause for amicus curiae, Association of Criminal Defense Lawyers of New Jersey (Arleo & Donohue, attorneys).

Justice LaVECCHIA delivered the opinion of the Court.

In this appeal we are called on to determine whether the heightened penalties contained in N.J.S.A. 39:4-50(g) (subsection (g)), applicable upon conviction of a second offense of driving while intoxicated (DWI) within 1,000 feet of school property, may be imposed when a defendant's first DWI offense did not occur within 1,000 feet of school property. The predicate "first offense" here involved a conviction...

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