On April 9, 2008, the New Jersey Supreme Court denied the State of New Jersey's Petition for Certification on the Appellate Division's landmark ruling in State v. Conroy.  In Conroy, Mitchell J. Ansell and Greg S. Gargulinski successfully convinced the Appellate Division to sentence a fourth offender under the drunk driving statute (which mandates a 180-day jail term) to be sentenced as a second offender for custodial purposes (a discretionary jail term between 2 and 90 days). The Appellate Division agreed with Mr. Ansell's and Mr. Gargulinski's argument that a defendant is entitled to the benefit of the mandatory 10 - year step down provision afforded under the drunk driving statute where his first conviction was uncounseled. The Supreme Court decision denying certification finalizes the State's Appeal process.