Criminal Defense
Case results reflect publicly available information reported by the listed law firms. They are not results obtained by ThatCarHitMe.com. Every case is unique and must be evaluated on its own facts. Prior results do not guarantee a similar outcome. The results shown are not necessarily representative of all results obtained by these firms. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
Case Details
The New Jersey Appellate Division rendered its decision in State v. John Harris, consolidating six cases regarding whether a defendant convicted under N.J.S.A. 2C:40-26 could avoid mandatory jail time for driving while suspended (due to drunk driving) through home detention or labor programs. The court found all alternative sentences illegal, mandating 180 days in jail.
Additional Notes
The Appellate Division found that all of the sentences were illegal. The Court opined that N.J.S.A. 2C:40-26c requires a minimum period of incarceration of 180 days. The law provides no exception to this requirement. Accordingly, any sentence that includes time in a non-custodial alternative program, in place of jail, is illegal.
More Results from Rispoli & Borneo P.C.
Represented By