State v. Carrigan, A-3751-11T1; Appellate Division; opinion by Sabatino, J.A.D.; decided and approved for publication November 15, 2012. Before Judges Sabatino, Fasciale and Maven. On appeal from the Law Division, Ocean County, Municipal Appeal No. W2011-451-1518. DDS No. 14-2-xxxx [21 pp.]
The state appeals from the dismissal of a criminal complaint charging defendant Christopher Carrigan with a violation of N.J.S.A. 2C:40-26(b). The statute, which became effective on Aug. 1, 2011, makes it a fourth-degree crime for a motorist to operate a vehicle at a time when his or her driver’s license is suspended or revoked for a second or subsequent conviction for driving while intoxicated (DWI) or refusal to submit to an alcohol breath test.
