State v. Regis
208 N.J. 439
| N.J. | 2011Background
- Statute N.J.S.A. 39:4-88(b) has two clauses: drive in a single lane to the extent practicable and ascertain safety before a lane change.
- Defendant Regis was observed swerving over the fog line and shoulder of Route 280; a marijuana bag was found in the vehicle; defendant denied ownership.
- Municipal court convicted Regis of DWI, possession of CDS (ultimately not sustained), and failure to maintain a lane.
- Law Division held the statute contains two independent offenses and convicting on the first clause (failure to maintain a lane) was proper.
- Appellate Division reversed, concluding the two clauses describe a single offense and there was insufficient evidence of an unsafe lane change.
- The Supreme Court granted certification and reversed, holding the statute contains two separate offenses and Regis was properly convicted of the first offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 39:4-88(b) describe two offenses or one? | Regis contends it describes one offense. | Regis argues the two clauses describe a single requirement to change lanes safely. | Two separate offenses warranted |
| Was the first clause (remain in a single lane) violated by Regis? | Regis swerved and straddled lanes, violating the stay-in-lane requirement. | No evidence that lane deviation endangered others; violations require unsafe change or failure to stay in lane only if practicable. | Yes, conviction sustained for failure to maintain a lane to the extent practicable |
| Should the rule of lenity apply to interpret the statute? | Ambiguity in statute supports lenity in defendant's favor. | Lenity not warranted; statute language resolves to two offenses. | Lenity not invoked; plain language supports two offenses |
Key Cases Cited
- State v. Gandhi, 201 N.J. 161 (2010) (statutory interpretation requires plain meaning; extrinsic aids when ambiguous)
- Woodruff, 403 N.J. Super. 620 (Law Div. 2008) (statutory construction of lane-usage provisions; two clauses analyzed)
- Buck v. Henry, 207 N.J. 377 (2011) (avoid meaningless or superfluous language in statutory construction)