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Refusal can be (but is not required to be) concurrent to DWI sentence

11/16/12.  The N.J. App. Div. in an unpublished case today, State v Murphy, held that a trial court can sentence a refusal concurrently to a DWI without a guideline 4 plea agreement. The court first held per State v Moran that the additional 90 days suspension issued in this case required analysis of the Moran (agg agg/mit )factors, which was obvious and would not have generated a DWI Update,  but then the court tossed in at the end that consecutive refusal also had to be re-sentenced according to Moran.  Trial courts had differing views on this issue around the state, some viewing that DWI and refusal convictions at trial required consecutive sentences, as opposed to guideline 4 pleas which creates an incentive for a defendant to plead guilty. Other courts had no problem doing concurrent sentences since they would otherwise be burdening the right to trial. 
Jeff Gold

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