In a big win for defense lawyers in drunken driving cases, the state Supreme Court ruled Wednesday that a past conviction for refusal to submit to a breath test does not count as a prior offense for DWI sentencing purposes.
The ruling, in State v. Ciancaglini, A-92/93-09, means Eileen Ciancaglini should have been sentenced as a first offender for a 2008 DWI conviction, despite a refusal conviction in 2006.
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