Had this just been a DWI, I doubt it would garner this much attention. I'm not sure about NJ statutes, but in Texas, you get two bites at the DWI apple before it graduates to prosecution at the felony level. HOWEVER...even if this were DWI 1st, the facts, as reported, would permit this case to rise to the felony level because of the FSRA charge added into the mix. Additionally, because of the injury to another, it can move from DWI to Intoxication Assault.
That said, this is a case that will likely be resolved with a period of community supervision transferred from NJ to Kretzer's home state under provisions of Interstate Compact dealing with Adult Supervision.
And for the record...there has to be a medium in terms of sanctions from the court in a case like this. Lock'em up and throw away the key is not the answer for alcohol-related conduct as it is not an offense where there is an intent to commit harm. Personally, I don't feel like paying the taxes required to build enough facilities to house everyone convicted of DWI. The flip side of the coin is that DWI is often an offense with high recidivism rates because of the lack of significant programming that can be offered...and again, this is largely a funding issue.
