Superior Court Judge Mitchel Ostrer wrote in State v Henry, approved for publication on February 9, 2011, that judges have too much latitude in sentencing DWI defendants, therefore, municipal judges should be guided by the guidlines used by judges in criminal cases, "Even if the factors are not mandated, they provide appropriate guides for the court's exercise of discretion," he added.
It should be pointed out Judge Ostrer's decision is contrary to, State v. Walsh, 236 N.J. Super. 151, which declined to apply the criminal code's aggravating-mitigating.
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