994 A.2d 1042 (N.J.Mun.Ct. 2010), State v. White

Citation:994 A.2d 1042, 413 N.J.Super. 301
Opinion Judge:BOWE, J.M.C.
Party Name:STATE of New Jersey, Plaintiff, v. Meghan WHITE, Defendant.
Attorney:Anthony M. Arbore, Byram Township Prosecutor, for plaintiff. Daniel A. Colfax, Sparta, for defendant.
Case Date:January 26, 2010
Court:Municipal Court of New Jersey
 
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Page 1042

994 A.2d 1042 (N.J.Mun.Ct. 2010)

413 N.J.Super. 301

STATE of New Jersey, Plaintiff,

v.

Meghan WHITE, Defendant.

Municipal Court, Byram Township, Sussex County, New Jersey.

January 26, 2010

Anthony M. Arbore, Byram Township Prosecutor, for plaintiff.

Daniel A. Colfax, Sparta, for defendant.

BOWE, J.M.C.

[413 N.J.Super. 302] On December 9, 2009, defendant in this matter, Meghan White (White), was issued, inter alia, a summons for driving with a suspended license, a violation of N.J.S.A. 39:3-40. White appeared in Byram Township Municipal Court on January 26, 2010, and was convicted of violating N.J.S.A. 39:3-40 when, through counsel, she entered a plea of guilty to that charge. A review of White's abstract of driver's history record showed that her license had been suspended as a result of a conviction for driving under the influence of alcohol, a violation of N.J.S.A. 39:4-50. The review also showed that this conviction for violating N.J.S.A. 39:3-40 was her first such conviction.

In addition to the penalties set forth in N.J.S.A. 39:3-40(a) for a person convicted for the first time of driving with a suspended driver's license, N.J.S.A. 39:3-40(f)(2) sets forth enhanced penalties for persons convicted of driving with a suspended license when the license suspension arose from a violation of N.J.S.A. 39:4-50. It says:

In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50 , section 2 of P.L. 1981, c. 512 ( C.39:4-50.4a ) or P.L.

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1982, c. 85 ( C.39:5-30a et seq. ), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

[413 N.J.Super. 303] The question presented is, " May the term of imprisonment set forth in N.J.S.A. 39:3-40(f)(2) for a person whose license has been suspended for violating N.J.S.A. 39:4-50 be served in a Sheriff's Labor Assistance Program (S.L.A.P.) or other noncustodial program?" This court holds that it may not.

Had the Legislature not intended to ensure that persons convicted of violating N.J.S.A. 39:3-40, when the license suspension...

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