STATE v. PERRY

Docket Nos. A-1767-13T2, A-1768-13T2, A-1769-13T2, A-1770-13T2, A-2531-13T2, A-2533-13T2, A-2536-13T2.

110 A.3d 122 (2015)

439 N.J. Super. 514

STATE of New Jersey, Plaintiff-Appellant, v. Idris R. PERRY, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Carmen Nay, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Raymond Evans, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Cheryl Papp, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Tammy M. McIntyre, Defendant-Respondent. State of New Jersey, Plaintiff-Respondent, v. Bradley Brewer, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Richard J. Wisser, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 2015.


Attorney(s) appearing for the Case

Brian D. Gillet , Assistant Prosecutor, argued the cause for appellant State of New Jersey in A-1767-13, A-1768-13, A-1769-13, A-1770-13 ( Andrew C. Carey , Middlesex County Prosecutor, attorney; Mr. Gillet, of counsel and on the briefs).

Anthony Aldorasi , Assistant Deputy Public Defender, argued the cause for appellant Brewer in A-2533-13 ( Joseph A. Krakora , Public Defender, attorney; Mr. Aldorasi, of counsel and on the brief).

James P. McClain , Atlantic County Prosecutor, attorney for appellant State of New Jersey in A-2531-13 ( Deborah A. Hay , Assistant Prosecutor, of counsel and on the brief).

Stephen J. Buividas , Cherry Hill, attorney for appellant Wisser in A-2536-13.

Michele E. Friedman , Assistant Deputy Public Defender, argued the cause for respondents Perry (A-1767-13), Nay (A-1768-13), Evans (A-1769-13), and Papp (A-1770-13) ( Joseph E. Krakora , Public Defender, attorney; Ms. Friedman, of counsel and on the brief).

Alexis R. Agre , Assistant Prosecutor, argued the cause for respondent State of New Jersey in A-2533-13 ( Robert D. Bernardi , Burlington County Prosecutor, attorney; Ms. Agre, of counsel and on the brief).

Stefankiewicz & Barnes, attorneys for respondent McIntyre in A-2531-13 ( David A. Stefankiewicz , North Wildwood, of counsel and on the brief).

Joseph D. Coronato , Ocean County Prosecutor, attorney for respondent State of New Jersey in A-2536-13 ( Samuel Marzarella , Assistant Prosecutor, of counsel and on the brief).

Before Judges ALVAREZ, WAUGH, and MAVEN.


The opinion of the court was delivered by

N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree criminal offense punishable by a mandatory minimum jail term of 180 days under certain circumstances stemming from driving while intoxicated (DWI), N.J.S.A. 39:4-50, or refusal to submit to chemical...

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