Driving While Suspended in New Jersey: Recent New Jersey Appellate Decision

Recent New Jersey Appellate Division Decision – Criminal Law
On November 1, 2024, the Superior Court of New Jersey, Appellate Division, decided State of New Jersey v. Steven W. Italiano, ___ N.J. Super ___ (App. Div. 2024) (Docket No. A-4009-22). The appellate court affirmed the lower court’s denial of a motion to dismiss an indictment charging defendant Steven W. Italiano with operating a motor vehicle during a second or subsequent DWI-related license suspension in violation of N.J.S.A. 2C:40-26(b). This decision provides critical guidance on the laws surrounding Driving While Suspended in New Jersey.

Facts and Procedural History of Driving While Suspended in New Jersey

On June 23, 2021, Wildwood Crest Police stopped Steven W. Italiano for swerving over the traffic lanes. He admitted he did not have his license because it was suspended in Pennsylvania due to a prior DWI conviction. Italiano’s driving record showed four prior DWIs (2001-2014) and numerous other offenses, culminating in license suspensions until at least August 2030. At the time of the incident, Italiano was serving a suspension unrelated to DWI—a 2006 conviction for fleeing from police.

A grand jury indicted Italiano for Driving While Suspended in New Jersey under N.J.S.A. 2C:40-26(b). Italiano filed a motion to dismiss the indictment, arguing that the element of N.J.S.A. 2C:40-26(b) requiring the offense to have occurred during a DWI-related license suspension was not met because, at the time of the offense, his license was suspended for a non-DWI-related violation. The trial court denied his motion, finding that the pending DWI-related suspension satisfied the statute. Italiano ultimately pled guilty, reserving his right to appeal the ruling.

The Appellate Court’s Analysis of Driving While Suspended in New Jersey

The Appellate Division addressed this issue of first impression, that is, “whether a defendant, serving sequentially several consecutive periods of driver’s license suspensions imposed for various convictions including DWI offenses, can be charged with violating N.J.S.A. 2C:40-26(b) for driving during the suspension period for a non-DWI-related offense while awaiting commencement of a court-imposed DWI license suspension.” The Appellate Division addressed whether N.J.S.A. 2C:40-26(b) applied when a court-ordered DWI suspension was delayed by prior non-DWI-related suspensions. The court concluded that the statute includes situations where a DWI suspension is effectively active, even if delayed by unrelated suspensions. This interpretation ensures that recidivist drunk drivers cannot evade penalties due to unrelated offenses.

The appellate court rejected the defendant’s reliance on State v. Perry, 439 N.J. Super. 514 (App. Div. 2015). The court explained that unlike Italiano’s case, Perry involved a defendant whose DWI suspension had expired, and only administrative restoration was pending. Here, Italiano’s DWI suspension was imposed but delayed, meaning he remained subject to the statute for Driving While Suspended in New Jersey.

Legislative Intent Behind N.J.S.A. 2C:40-26(b)

The court found that N.J.S.A. 2C:40-26(b) underscores the Legislature’s intent to penalize repeat DWI offenders and prevent dangerous driving. It emphasized that interpreting the statute to exclude cases like Italiano’s would undermine this goal. Adopting the rationale in State v. Cuccurullo, 228 N.J. Super. 517 (App. Div. 1998), the court reinforced that a person is “under suspension” from the moment a suspension is imposed, even if delayed by other penalties.

Allowing offenders like Italiano to escape liability for Driving While Suspended in New Jersey solely because of stacked suspensions would lead to absurd results, contradicting the statute’s purpose of holding recidivists accountable.

Conclusion: Key Takeaways on Driving While Suspended in New Jersey

The Appellate Division affirmed the trial court’s order denying Italiano’s motion to dismiss, holding that N.J.S.A. 2C:40-26(b) applies during any period of suspension for a second or subsequent DWI, even if the DWI suspension is delayed by other unrelated suspensions. This decision reinforces New Jersey’s commitment to addressing repeat DWI offenses and ensuring public safety.

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