On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Municipal No. 4576.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Parker and Messano.
Defendant Ahmet S. Kotsev appeals from an order entered on December 22, 2005 finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, after de novo review. Defendant was sentenced to serve ninety consecutive days of incarceration and complete ninety days of community service; pay a $1,000 fine, $33 in court costs, $50 VCCB, $200 DDE/Surcharge, $75 SNSF; and have his driver's license suspended for ten years.
In this appeal, defendant argues:
THE COURTS BELOW ERRED IN NOT ALLOWING THE DEFENDANT TO SERVE 90 DAYS OF HIS SENTENCE IN THE PASSAIC COUNTY SHERIFF'S LABOR ASSISTANCE PROGRAM ("S.L.A.P."); SINCE OTHER COUNTIES DO PERMIT SUCH SENTENCES, THE BLANKET PROHIBITION IS VIOLATIVE OF THE DEFENDANT'S FEDERAL FOURTEENTH AMENDMENT AND NEW JERSEY STATE EQUAL PROTECTION AND DUE PROCESS RIGHTS
THE DEFENDANT SHOULD BE ALLOWED TO SERVE HIS 90-DAY SENTENCE BY WAY OF CONSECUTIVE WEEKENDS PURSUANT TO STATE V. GRABOWSKI, 388 N.J. SUPER. 431 (LAW DIV. 2006); OR, IN THE ALTERNATIVE, SERVE HIS 90-DAY SENTENCE ON WORK RELEASE; U.S. CONST., AMEND. XIV; N.J. CONST. (1947), ART. I, PAR. 1
Defendant argues that a sentence to the Sheriff's Labor Assistance Program (SLAP) is permissible for third offenders under N.J.S.A. 39:4-50 (1993), the statute applicable to this offense which occurred on October 18, 1993.
The 1993 statute required a ninety-day term of imprisonment for third time offenders:
For a third or subsequent violation, a person shall be . . . sentenced to imprisonment for a term of not less than 180 days, except that the court may lower such term for each day, not exceeding [ninety] days, served performing community service . . . . A court that imposes the term of imprisonment under this section may sentence the person so convicted ...