Driver is not subject to criminal driving while
suspended if DWI suspension period expired prior to driving
State v Perry __ NJ Super. ___ (App. Div. 2015) Docket A-1767 -13T2
N.J.S.A. 2C:40-26(a) and (b) make driving
while suspended under specified circumstances a fourth-degree crime, punishable
by a mandatory minimum jail term of 180 days, where the underlying suspension
arose from driving while intoxicated (DWI), N.J.S.A. 39:4-50, and/or refusal to
submit to chemical testing, N.J.S.A. 39:4-50.4(a). The court concluded in these
appeals that prosecutions under the statute can be brought only if the act of
driving while suspended occurs during the court-imposed term of suspension.
Note- Ken V
successfully represented four of the winning parties before the Law Division.
The Appellate Division affirmed the well-reasoned opinion of Hon. Douglas
Wolfson JSC.
