A recent decision by the Appellate Division in New Jersey, State v. Luzhak, held that a person who's license was suspended due to a previous out of state D.U.I. conviction will also face the same charge and potential jail time for driving during a period of suspension. In Luzhak, the defendant was convicted of D.U.I. in a New Jersey Municipal Court and sentenced as a second D.U.I. conviction, due to a previous D.U.I. conviction in Maryland. During the suspension period imposed by the New Jersey Court, the Defendant was arrested for driving while suspended when he was involved in a minor traffic accident, charged with N.J.S.A. 2C:40-26 and sentenced to 180 days in jail.
The Defendant appealed the conviction, arguing that the out of state conviction should not have been counted towards his sentence for the New Jersey D.U.I. case. The Appellate Division, rejected his arguments and affirmed the conviction.