Saturday, August 4, 2012
Mandatory Jail time for Driving While Suspended in NJ
Driving while suspended in NJ carries substantial penalties. First and second time offenders face fines and further suspension of driving privileges. Those convicted of third or subsequent offenses face fines, further suspension and mandatory imprisonment in the county jail for 10 days. In the past, municipal court judges could take all factors into account at sentencing, including your personal circumstances such as job or family responsibilities, illness and other significant factors and permit alternatives to jail. Formerly the Sheriff's Labor Assistance Program (S.L.A.P.) was used by some municipal court judges as a means to permit certain individuals to avoid jail based on their specific circumstances. A New Jersey municipal court judge decided, in State v. Ayton, on September 13, 2011, that S.L.A.P. is not available to third or subsequent offenders. Although this is not binding on other Courts in New Jersey, it represents a tightening of traffic laws in NJ. The result of a Driving While Suspended charge can be severe. It becomes even more significant if you cannot afford to miss work, have family members who rely on you to meet their daily needs or other issues which make serving a jail sentence seem impossible. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing a Driving While Suspended charge, you should consult an experienced municipal court attorney immediately in order to protect your rights. For more information on driving while suspended, traffic violations, other municipal court or criminal law matters in New Jersey visit HeatherDarlingLawyer.com.