Sunday, May 23, 2010
Refusal does not merge into DWI State v Eckert 410 NJ Super. 389 (App. Div. 2009) A conviction for refusal to submit to a breath examination cann
Refusal does not merge into DWI State v Eckert 410 NJ Super. 389 (App. Div. 2009)
A conviction for refusal to submit to a breath examination cannot be merged with a DWI conviction. Such a plea agreement violated applicable merger principles as well as the Court's Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey.
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