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STATE v. FAHRER

212 N.J. Super. 571 (1986)

515 A.2d 1240

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HAROLD FAHRER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1986.

Attorney(s) appearing for the Case

John M. Iaciofano, attorney, for appellant.

Lee S. Trumbull, Morris County Prosecutor, attorney for respondent (Joseph P. Connor, Assistant Prosecutor, on the letter brief).

Before Judges BRODY, GAYNOR and BAIME.

The opinion of the court was delivered by GAYNOR, J.A.D.

On this appeal, defendant challenges the de novo affirmance of the Denville Municipal Court's determination that a 1976 conviction under N.J.S.A. 39:4-50.4 for refusing to submit to a breathalyzer test subjected him to the enhanced penalties, as a subsequent offender, upon his refusal conviction under the successor statute, N.J.S.A. 39:4-50.4a. He contends the enhanced penalties may be imposed...

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