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 attorneyhttp://www.criminaldefensenj.com
to help optimize the chances of obtaining a favorable result for your case.
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