ROBERT PICCONI VS. ATLANTIC HEALTH SYSTEM, INC., Â(L-1019-14, MORRIS COUNTY AND STATEWIDE), A-4195-15T3

Defendant David Lilly had prior DWI convictions in September 2000 and July 2013.
The 2013 DWI was sentenced under the step-down provision of N.J.S.A. 39:4-50(a)(3) (treated as a first offense for sentencing because it occurred more than ten years after the prior DWI).
The court suspended Lilly’s driver’s license for seven months following the 2013 conviction.
While the license suspension was in effect, Lilly drove and was charged under N.J.S.A. 2C:40-26(b) (fourth-degree offense for operating a vehicle during a suspension imposed for a second or subsequent DWI).
Lilly moved to dismiss, arguing the step-down sentencing treatment meant the 2013 conviction should not count as a “second or subsequent” DWI for purposes of N.J.S.A. 2C:40-26(b). The trial court denied the motion; Lilly entered a conditional guilty plea reserving the right to appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether N.J.S.A. 39:4-50(a)(3)’s step-down sentencing treatment prevents treating the 2013 conviction as a “second or subsequent” DWI for purposes of the license-suspension offense under N.J.S.A. 2C:40-26(b)	The 2013 conviction is a second DWI for purposes of N.J.S.A. 2C:40-26(b); step-down applies only to sentencing under the DWI statute.	The step-down provision effectively renders the 2013 conviction as a first offense, so Lilly cannot be charged under the statute that requires a second or subsequent DWI.	The Court held the step-down is only "for sentencing purposes" under N.J.S.A. 39:4-50(a)(3); the 2013 conviction remains a second DWI for other statutory purposes, so N.J.S.A. 2C:40-26(b) applies.

In re Fisher, 443 N.J. Super. 180 (App. Div. 2015) (statutory interpretation begins with plain language and Legislature's intent)
State v. Olivero, 221 N.J. 632 (2015) (courts enforce clear statutory language)
State v. Revie, 220 N.J. 126 (2014) (step-down provision applies to custodial sentencing under DWI statute)
State v. Conroy, 397 N.J. Super. 324 (App. Div. 2008) (discussing application of step-down provision)
State v. Carrigan, 428 N.J. Super. 609 (App. Div. 2012) (offense under N.J.S.A. 2C:40-26(b) punishes driving without a license, not prior DWI convictions)