Driver can be charged with criminal driving while suspended if they had ...

Driver can be charged with criminal driving while suspended if they had prior refusal and prior DWI State v Dougherty455 NJ Super. 336 (App. Div. 2018)

            The court finds that the plain language of N.J.S.A. 2C:40-26(b), the fourth-degree offense of driving while suspended, includes both driving while under the influence (DWI), N.J.S.A. 39:4-50, and refusal to submit to breath testing (refusal), N.J.S.A. 39:4-50.4a. They are predicate offenses even where the prior conviction history consists of one conviction under the separate sections of the Motor Vehicle Code. In other words, one DWI and one refusal suffice for the criminal offense of driving while suspended.