No Night or Weekend Jail for NJSA 2C:40-26

On May 21, 2019, the New Jersey Supreme Court decided State v. Rene M. Rodriguez (A-80-17) (081046). The Court was asked to determine whether defendants convicted of the fourth-degree crime of operation of a motor vehicle during a period of … Read More

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 … Read More

Appellate Division of New Jersey Clarifies 2C:40-26

The Appellate Division of New Jersey ruled on State v. Perry on March 3, 2015. The Court ruled that 2C:40-26 does not apply to defendants who have served a period of license suspension for DWI, but have not yet restored … Read More