Friday, August 22, 2014

New Jersey Appellate Court Gives a Brake to Unlicensed New Jersey Drivers Caught Driving Without a Driver’s License.

On August 11, 2014, the New Jersey Appellate Division held in State v. Armando Carreon that any person convicted of being an unlicensed driver while driving can only be sentenced to a jail sentence or fine but not both.  This is good news for never licensed drivers because most municipal court judges will interested in getting a fine from the convicted motorist.  If so, the municipal court judge will not be foreclosed for also giving a custodial term sentence pursuant to N.J.S.A. 39:3-10.
In this particular case which the appellate division reversed the sentence, because the defendant was a third time offender he was sentenced to a fine of $756.00, plus court costs, and a ten-day jail sentence.
For people who have been previously licensed to drive the statute states that the defendant will be either fined or custodial term, but not both, for violators who have previously been licensed to drive.
If you have been charged with a motor vehicle offense you should consult with an experienced New Jersey criminal defense attorney to help optimize the chances of obtaining a favorable result for your case.
Law Office of Vincent J. Sanzone, Jr., Elizabeth, New Jersey, (908) 354-7006