In State v. Faber, the NJ Appellate Division held that, as part of the defendant’s sentence for DWI, the Law Division failed to include mandatory participation in the Intoxicated Driver Resource Center. Because this omission rendered it an illegal sentence, the case was remanded. Furthermore, when the Law Division granted the defendant’s application to stay the execution of the sentence pending the outcome of this appeal, the lower court failed to follow the standards established by the NJ Supreme Court in State v. Robertson, 228 N.J. 138 (2017).
This opinion revised and replaced the version of this opinion published on September 3, wherein the Appellant Division erroneously based a portion of its holding on a statute, which was not legally in effect at the time the Law Division sentenced the defendant.
