STATE OF NEW JERSEY VS. ARMANDO CARREON A-5501-12T1

STATE OF NEW JERSEY VS. ARMANDO CARREON 

A-5501-12T1 

     This appeal requires us 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 we agree that the statute allows a fine or imprisonment but not both, even for drivers, who, like defendant, have never been licensed, we reverse defendant's sentence and remand to the Law Division for resentencing.