N.J.S.A. 39:4-50(a)(3) provides a certain measure of relief to multiple offenders who go more than 10 years between offenses. Pursuant to this rule, if the second DWI offense occurs more than 10 years after the first offense, the Court is required to treat the second DWI offense as a first offense for sentencing purposes. The relevant dates for the purpose of these sentencing decisions is the date of the offense as opposed to the date of the conviction. What is important to remember here, however, is that the State Supreme Court has reserved ruling whether a defendant may take advantage of this provision more than once in their lifetime.
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