Judge STERN (temporarily assigned) delivered the opinion of the Court.
The critical issue presented by this appeal is whether a conviction for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a, can be used to enhance a sentence for driving while intoxicated (DWI), N.J.S.A. 39:4-50. In State v. DiSomma,
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