STATE OF NEW JERSEY VS. BRIAN G. GARRETT(8-15, CUMBERLAND COUNTY AND STATEWIDE), A-2028-15T2

In 1984, then-17-year-old Brian G. Garrett pleaded guilty to DWI in Vineland municipal court without counsel.
Garrett later had DWI convictions in 1991 and 1997. He was charged with DWI again circa 2014–2015.
In Feb 2015 Garrett filed a post-conviction relief (PCR) petition seeking vacatur of the 1984 conviction or a ruling that it not be used to enhance later DWI sentences, arguing he was an unrepresented juvenile and received no advisement about counsel or future enhanced penalties.
The municipal court denied vacatur but ruled the 1984 conviction would not be used for enhancement of the pending charge; Garrett appealed to the Law Division.
The Law Division denied relief as untimely under R.7:10-2(b) (petition filed 31 years after conviction) and found no basis to relax the time limit under R.3:22-12(a)(1) because the uncounseled 1984 plea did not amount to a fundamental constitutional injustice under applicable precedent; the court also noted state prejudice from the delay.
Garrett appealed, and the Appellate Division affirmed for the reasons stated by the Law Division.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of PCR petition	State: Petition filed 31 years after conviction; barred by R.7:10-2(b) absent excusable neglect.	Garrett: Delay excused because he believed the 1984 plea was a juvenile record and unaware of its future effect.	Petition untimely; Garrett could have challenged earlier after subsequent convictions; no excusable neglect shown.
Exception for fundamental injustice to relax time limit	State: No fundamental constitutional defect shown to justify relief under R.3:22-12(a)(1).	Garrett: Uncounseled juvenile DWI plea denied right to counsel and thus constitutes fundamental injustice.	No fundamental injustice: Rodriguez holds right to appointed counsel in municipal DWI proceedings is not constitutional; therefore relief unwarranted.
Vacatur of 1984 conviction based on lack of counsel	State: No constitutional requirement to assign counsel in municipal DWI at that time; municipal procedures addressed issue.	Garrett: As a juvenile he should have been appointed counsel and warned; plea invalid.	Court rejected claim as legally insufficient; municipal court already ruled it would not be used for enhancement.
Prejudice to State from long delay	State: Delay prejudices prosecution (lost witnesses/reports/transcripts).	Garrett: Delay unavoidable or excused.	Court concluded prejudice to State supported denial of late challenge.

State v. Revie, 220 N.J. 126 (2014) (explains ten-year "step-down" rule for prior DWI convictions and impact on sentencing)
State v. Lucci, 310 N.J. Super. 58 (App. Div. 1998) (discusses treatment of distant prior DWI convictions)
State v. Laurick, 120 N.J. 1 (1990) (procedures for challenging municipal convictions and use in enhancement)
Rodriguez v. Rosenblatt, 58 N.J. 218 (1971) (holding municipal-court assignment of counsel for DWI is not constitutionally required)
State v. Reece, 222 N.J. 154 (2015) (appellate deference to trial court factual findings)
State v. Locurto, 157 N.J. 463 (1999) (standards for reviewing factual findings)
Clarksburg Inn v. [sic], 375 N.J. Super. 624 (App. Div. 2005) (scope of review when Law Division conducts de novo trial on municipal record)
Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. 189 (2016) (appellate courts do not defer to trial court legal determinations)