Judgment Reversed: Sentencing Court, Not Motor Vehicle Commission, Has Jurisdiction Over DUI Sentencing Credit
"The nature of this defendant's request concerning her sentence inherently calls for a judicial determination," Judge Jack M. Sabatino wrote for the court. "Fundamentally, defendant is seeking a declaratory ruling that the years she lacked access to a vehicle, and was thus unable to install an IID, justify up to an equivalent period of relief from her sentence. Courts are well equipped to render declaratory rulings that involve such matters of status under the law."
January 20, 2023 at 01:39 PM
5 minute read
Courtesy photo The New Jersey Supreme Court held that on the question of jurisdiction over a defendant's motion for sentencing credit for driving while intoxicated, the sentencing court—not the Motor Vehicle Commission—has the appropriate jurisdiction.
According to the opinion filed Thursday, Deje M. Coviello was found unconscious in the driver's seat of a parked car by Toms River police officers on Sept. 16, 2013. The officers found Coviello with the engine running, the windshield wipers on, and with several open containers of alcohol on the passenger seat. Coviello ultimately pleaded guilty to disorderly conduct and DWI.
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