Appellate Court Authorizes Alternative Sentences for NJSA 39:3-40(e) and NJSA 39:6B-2

On May 14th, the Appellate Division decided State v. Toussaint. The Court concluded that N.J.S.A. 39:3-40(e) [driving on the revoked list involving injury] and N.J.S.A. 39:6B-2 [driving without insurance] authorize the sentencing court to impose a term of imprisonment that may be served in an alternative way such as home confinement under electronic monitoring. This is an important decision because many Municipal Court judges would sentence defendants to the county jail for these offenses.