STATE OF NEW JERSEY VS. MICHELLE 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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