Driver is not subject to criminal driving while suspended if DWI suspension period
State v Perry __ NJ Super. ___ (App. Div. 2015)
Docket A-1767 -13T2
N.J.S.A. 2C:40-26(a) and (b) make driving while suspended under specified circumstances a fourth-degree crime, punishable by a mandatory minimum jail term of 180 days, where the underlying suspension arose from driving while intoxicated (DWI), N.J.S.A. 39:4-50, and/or refusal to submit to chemical testing, N.J.S.A. 39:4-50.4(a). The court concluded in these appeals that prosecutions under the statute can be brought only if the act of driving while suspended occurs during the court-imposed term of suspension.
Note- Ken V successfully represented four of the winning parties before the Law Division. The Appellate Division affirmed the well reasoned opinion of Hon. Douglas Wolfson JSC.Consolidated with STATE OF NEW JERSEY VS. CARMEN NAY; STATE OF NEW JERSEY VS. RAYMOND EVANS; STATE OF NEW JERSEY VS. CHERYL PAPP; STATE OF NEW JERSEY VS. TAMMY M. MCINTYRE; STATE OF NEW JERSEY VS. BRADLEY BREWER; STATE OF NEW JERSEY VS. RICHARD J. WISSER A- :1768:1769:1770:2531:2533:2