For unlicensed driver, cant get both fine and jail. State v. Carreo

For unlicensed driver, cant get both fine and jail. State v. Carreon __ NJ Super. __ (App. Div. 2014) A-5501-12T1

This appeal required the court to consider whether a never-licensed driver may be fined and sentenced to a custodial term under the penalty provisions of N.J.S.A. 39:3-10. Because the court agreed that the statute allows a fine or imprisonment but not both, even for drivers, who, like defendant, have never been licensed, the court reversed defendant's sentence and remand to the Law Division for resentencing.