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State v. Fortin2/3/2004
anons of statutory construction presume that the Legislature intends only constitutional enactments. Right to Choose v. Byrne, 91 N.J. 287, 311 (1982). Based on that presumption, the revised statute presents defendant with no ex post facto issue, rendering moot his desire to consent to the amendment's application. For that reason, the trial court did not err by instructing the jury on the basis of the law as it stood in 1994.
JUSTICE LAVECCHIA joins in this opinion.
Chief Justice Poritz PRESIDING
CONCURRING/DISSENTING OPINION BY Justice Verniero
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 New Jersey DUI Attorneys
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