Jail Alternative allowed in 3-40(e) and 6B:2. State v. Toussaint 440 N.J. Super. 526 (App.Div. 2015)

Jail Alternative allowed in 3-40(e) and 6B:2. State v. Toussaint 440 N.J. Super. 526 (App.Div. 2015)

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, the court 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.