STATE OF NEW JERSEY VS. ALLAN AFANADOR(04-16, GLOUCESTER COUNTY AND STATEWIDE)
A-5620-15T1
| N.J. Super. Ct. App. Div. | Nov 14, 2017Background
- Defendant Allan Afanador pleaded guilty to refusing to submit to a chemical test under N.J.S.A. 39:4-50.4a; other motor-vehicle charges (including DWI) were dismissed.
- Afanador had two prior relevant convictions: a 2004 refusal conviction and a 2008 DWI conviction.
- The municipal court treated the 2004 refusal and the 2008 DWI as priors and sentenced Afanador as a third offender under the refusal statute, imposing a ten-year license suspension and related penalties.
- Afanador appealed, arguing he should be sentenced only as a second offender (relying on State v. Ciancaglini).
- The Law Division affirmed, following State v. Frye, and Afanador appealed to the Appellate Division.
- The Appellate Division reviewed the legality of the sentence de novo and affirmed the third-offender designation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prior DWI conviction can be used to enhance a subsequent refusal conviction under the refusal statute | State: Prior DWI conviction may be counted to enhance a refusal sentence (per Frye/Bergwall) | Afanador: Prior DWI should not enhance refusal—he should be a second offender (relying on Ciancaglini) | Court held prior DWI may enhance a refusal sentence; affirmed third-offender treatment |
Key Cases Cited
- In re Bergwall, 85 N.J. 382 (1981) (interpreting refusal statute to allow prior DWI to enhance later refusal sentence)
- State v. Ciancaglini, 204 N.J. 597 (2011) (held prior refusal cannot enhance a subsequent DWI sentence; distinguished separate statutory schemes)
- State v. Frye, 217 N.J. 566 (2014) (reaffirmed Bergwall and held prior DWI convictions may enhance a subsequent refusal conviction)