State v. Carrigan
428 N.J. Super. 609
| N.J. Super. Ct. App. Div. | 2012Background
- Legislation enacted N.J.S.A. 2C:40-26(b) makes driving with a suspended license a fourth-degree crime when suspension is for a second or subsequent DWI or refusal to submit to a breath test, effective August 1, 2011.
- Defendant Carrigan was arrested September 27, 2011 for driving while his license, already suspended for prior DWI/refusal offenses, was suspended.
- The State charged him under 2C:40-26(b) after his arrest; the law had a mandatory minimum 180-day term.
- The Law Division dismissed the complaint as unconstitutional ex post facto as applied to preexisting suspensions
- The appellate court held 2C:40-26(b) applies to post-August 1, 2011 conduct even if predicate suspensions predated that date
- The court reversed and remanded for further proceedings, noting the statute’s intended timely implementation and public safety goals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 2C:40-26(b) apply to suspensions predating August 1, 2011? | State: statute extends to pre-August 1 suspensions. | Carrigan: retroactive punishment for pre-2011 suspensions. | Yes, statute applies to post-2011 conduct despite preexisting suspensions. |
| Does applying 2C:40-26(b) violate ex post facto protections? | Ex post facto: enhanced penalties for past offenses. | No ex post facto because new law punishes new conduct, not past offenses. | No ex post facto violation. |
| Does the statute comport with legislative intent and constitutional norms given timing and recidivist public-safety goals? | Statutory timing would delay sanctions for years. | Legislature intended timely, broader application to deter recidivists. | Statute consistent with intent; applies to post-enactment conduct. |
Key Cases Cited
- Collins v. Youngblood, 497 U.S. 37 (U.S. 1990) (ex post facto framework; historical understanding of the clause)
- Muhammad v. State, 145 N.J. 23 (New Jersey 1996) (ex post facto analysis framework in NJ)
- W.X.C. v. State, 204 N.J. 179 (New Jersey 2010) (ex post facto standard for NJ)
- Zeikel v. State, 423 N.J. Super. 34 (App. Div. 2011) (recidivist statutes and ex post facto contemporaneity)
- Oliver v. State, 298 N.J. Super. 538 (Law Div. 1996) (use of prior convictions to enhance later offenses (Three Strikes context))
- Johnson v. United States, 529 U.S. 694 (U.S. 2000) (retrospective punishment standard; recidivist statutes)