COMMUNITY SERVICE IN LIEU OF JAIL FOR DRIVING ON SUSPENDED DUE TO DWI STILL AVAILABLE TO DEFENDANTS?

If a defendant is charged and pleads guilty to driving on a suspended license due to an underlying offense of driving under the influence (DWI), can that defendant avail him/herself of serving the mandatory jail term in SLAP (a form of community service) in lieu of jail. According to State v. White, a municipal court opinion, that was written by Hon. Richard Bowe, J.M.C, the answer is NO!!


What is the practical affect of this decision? It can be argued that this opinion does not apply to defendants charged in differing counties or courts. In addition, it can be argued that the opinion is persuasive at best, in that, other municipal court judges are not bound.

LEGISLATURE RECENTLY AMENDED THE SEAT BELT LAW BY REQUIRING ADULT REAR SEAT PASSENDERS TO BUCKLE UP

The new law reads as follows: 

39:3-76.2f. Seat belt usage by drivers and passengers required

a. Except as provided in P.L.1983, c. 128 (C.39:3-76.2a et al.) for children under eight years of age and weighing less than 80 pounds, all passengers under eight years of age and weighing more than 80 pounds, and all passengers who are at least eight years of age but less than 18 years of age, and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

b. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger who is at least eight years of age but less than 18 years of age.

c. All rear seat passengers 18 years of age or older of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

For the purposes of the “Passenger Automobile Seat Belt Usage Act,” the term “passenger automobile” shall include vans, pick-up trucks, and utility vehicles.