State v. Zingis

The New Jersey Appellate Division affirmed the defendant’s conviction for DWI but vacated his sentence as a second-time offender. The Court “reviewed the record, including the body camera recording of the defendant’s performance during the field sobriety tests, and found no basis to conclude there was an obvious and exceptional error in theĀ  concurrent findings of the municipal court and Law Division judges regarding the defendant’s impairment at the time of his arrest.” However, the Appellate Division vacated the sentence and remanded for resentencing as a first offense because the State did not prove beyond a reasonable doubt that the defendant’s prior DWI conviction was not based on Alcotest breath sample test results rendered inadmissible by the New Jersey Supreme Court’s holding in State v. Cassidy.

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