On appeal from Superior Court of New Jersey, Law Division, Bergen County, Municipal Appeal No. 009-02-09.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Fisher and Espinosa.
Defendant appeals from the order of the Law Division denying his petition for post-conviction relief (PCR). We affirm.
On December 29, 1995, defendant was charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50. He entered a guilty plea to that charge on March 7, 1996 and was sentenced as a first offender. Thereafter, defendant entered guilty pleas to a second DWI charge in 2003 and a third DWI charge in 2008. This PCR petition concerns defendant's guilty plea to his second DWI charge.*fn1
In this case, defendant was issued summonses for driving while intoxicated, N.J.S.A. 39:4-50, tailgating, improper passing, and refusal to submit to a breathalyzer. On January 2, 2003, defendant entered a guilty plea to the DWI charge while represented by counsel pursuant to a plea agreement in which the remaining charges were dismissed or merged. The municipal court reviewed the consequences of the guilty plea to a second DWI offense with defendant and asked him if he wanted to plead guilty. Then, defendant provided a factual basis for the plea in responding to questions from his attorney and the court.
Q: [By Counsel] Mr. Bae, on October 16th[,] 2001, were you driving your motor vehicle in a southbound direction on Kinderkamack Road proceeding from Emerson into Oradell?
Q: At the intersection of Soldier Hill Road?
Q: And at that time were you driving under the influence of alcoholic beverages?
Q: And were you stopped by a ...