Jail Alternative allowed in 3-40(e) and 6B:2
State v Toussaint
A-3654-13T1
When a defendant is convicted under N.J.S.A.
39:3-40(e) (being involved in an accident that causes injury to another, while
driving with a suspended license), or N.J.S.A. 39:6B-2 (driving without insurance),
the court has discretion to permit the defendant to serve the sentence in an
electronic monitoring program instead of in the county jail. In construing
those provisions, we distinguished State v. French, 437 N.J. Super. 333, 335
(App. Div. 2014), certif. denied, 200 N.J. 575 (2015), which held that N.J.S.A.
2C:40-26(c) did not permit sentencing alternatives for driving during a second
or subsequent license suspension imposed for DWI.
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