Mar 7

Driving while suspended, a DWI means a mandatory six months jail time


New Jersey statute 2C:40-26 makes driving whie suspended a fourth degree crime with a maximun sentence of 18 months in prison. It also mandates that at least six months be served in jail. On March 3, 2015 the Appellate division rendered a decison in State v. Perry which holds that, for the mandatory six months to apply, a person must actually serving the suspension for the DWI. In other words, if you finished the suspension period for the DWI and you are still suspended for administrative reasons or motor vehicle points, etc, the mandatory six months in jail does not apply. The decision makes sense and allows defense attorneys to argue for no jail time in those cases.

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