STATE v. DENELSBECK

A-42 September Term 2014, 075170

137 A.3d 462 (2016)

225 N.J. 103

STATE of New Jersey, Plaintiff-Respondent, v. James R. DENELSBECK, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 12, 2016.


Attorney(s) appearing for the Case

John Menzel , Point Pleasant, argued the cause for appellant.

Brett Yore , Assistant Prosecutor, argued the cause for respondent ( James P. McClain , Atlantic County Prosecutor, attorney; Deborah A. Hay and Elliott J. Almanza , Assistant Prosecutors, on the letter brief).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director, attorney).

Jeffrey Evan Gold argued the cause for amicus curiae New Jersey State Bar Association ( Miles S. Winder III , President, attorney; Paris P. Eliades , Sparta, of counsel; Mr. Gold, Barbara E. Ungar , and Justin M. Moles , on the brief).

Sarah Lichter , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( John J. Hoffman , Acting Attorney General, attorney).


In this appeal, we consider whether a defendant is entitled to a jury trial when facing a third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This Court previously answered that question in the negative, over twenty-five years ago, in...

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