Jail Sentence For Driving Without A License

Armando Carreon was sentenced to both a custodial term and fined for driving without a license (N.J.S.A. 39:3-10). Carreon was initially charged with failure to obey a stop sign (N.J.S.A. 39:4-144) and driving without a license and pled guilty to driving without a license. At sentencing, the municipal court judge found this to be Defendant's third offense for the same infraction and imposed 10 days in jail. The Defendant sought post conviction relief and the Law Division rejected the Defendant's argument with regard to the statutory mandate of a fine or incarceration but not both under N.J.S.A. 39:3-10 and Carreon appealed. The NJ Appellate division reversed as the statute allows for "…a fine not exceeding $500 or imprisonment in the county jail for not more than 60 days, but if that person has never been licensed to drive in this State or any other jurisdiction, he shall be subject to a fine of not less than $200 and, in addition, the court shall issue an order to the commission requiring the commission to refuse to issue a license to operate a motor vehicle to the person for a period of not less than 180 days." The appellate judges reasoned that the statute was amended to provide a more harsh penalty for never-licensed drivers and reserving judicial discretion for the harsher option of imprisonment in both situations. Further, in reversing and remanding the matter, the appellate judges held that those sentenced under this statute would be subject to a fine or imprisonment but not both. Driving without a license in NJ carries serious penalties and should not be taken lightly. If you are charged driving without a license in NJ you should seek an experienced attorney immediately to protect your rights. For more information about traffic offenses, driving without a license, DUI, CDS in a motor vehicle or other municipal court charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney.

Texting A Driver Can Bring Liability In NJ

A recently decided court case could change people’s behavior in respect to texting friends who are driving. Kubert v. Best has created a new potential liability for the sender of a text message to a driver who is involved in an accident. Best, the driver of the vehicle in the case was sent text messages by Shannon Colonia, a friend, when he caused an accident with a motorcycle in which both people on the motorcycle lost their legs. While the driver has the ultimate responsibility for avoiding distractions while behind the wheel, the court deemed that like a passenger who must avoid distracting the driver, a sender of the text message must do the same. Liability for accidents involving the sender of a text message can vest when the person sending the text to the driver knows the recipient of the message is behind the wheel. It is almost akin to an accomplice liability where the texter can be liable if they had knowledge of the driver's actions through continued exchange of texts. In this case the claim of liability against Colonia, the sender of the text message, was dismissed due to the lack of evidence regarding her knowledge of Best being on the road. This could however create a new cause of action for parties involved in accidents due to driving while texting. This new crime can carry a one hundred dollar fine for a first offense and up to a six hundred dollar fine with a 90 day loss of license for a third offense. This case could potentially have created precedenct on future personal injury liability cases involving texting while driving, however we will have to wait and see. Municipal and Traffic Court offenses in NJ will have a serious impact on your life and can have significant implications in related matters such as personal injury. If you are charged with municipal or traffic court violations in NJ you should seek an experienced attorney immediately to protect your rights. For more information about use of a cell phone while driving, driving under the influence, reckless driving or other serious municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.