STATE v. RODRIGUEZ

A-80 September Term 2017, 081046.

207 A.3d 1269 (2019)

238 N.J. 105

STATE of New Jersey, Plaintiff, v. Rene M. RODRIGUEZ, Defendant. State of New Jersey, Plaintiff, v. Elizabeth A. Colon, Defendant. State of New Jersey, Plaintiff-Appellant, v. Eric L. Lowers, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Stephen E. Nolan, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Courtney D. Swiderski, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 21, 2019.


Attorney(s) appearing for the Case

Jason Magid , Assistant Prosecutor, argued the cause for appellant ( Mary Eva Colalillo , Camden County Prosecutor, attorney; Jason Magid, of counsel and on the brief).

Marissa J. Costello argued the cause for respondents Eric L. Lowers and Stephen E. Nolan (Costello & Whitmore, attorneys, Marissa J. Costello, on the letter brief).

Mark V. Oddo argued the cause for respondent Courtney D. Swiderski (DuBois, Sheehan, Hamilton, Levin & Weissman, attorneys; Mark V. Oddo, on the letter brief).

Carol M. Henderson , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Carol M. Henderson, Trenton, of counsel and on the brief).

Michele E. Friedman , Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender of New Jersey ( Joseph E. Krakora , Public Defender, attorney; Michele E. Friedman, of counsel and on the brief).


In these consolidated appeals, defendants were convicted of fourth-degree operating a motor vehicle during a period of license suspension for driving while intoxicated (DWI) under N.J.S.A. 2C:40-26. Their sentences were each to be served intermittently on nights or weekends pursuant to N.J.S.A...

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