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State v. Somma

Decided: October 21, 1986.

STATE OF NEW JERSEY
v.
GIONA SOMMA, DEFENDANT/APPELLANT



On appeal from Municipal Court, Township of Cranford, County of Union.

Sachar, J.s.c.

Sachar

This is a case of first impression involving the question of whether the operation of a motor vehicle, after a period of suspension, but prior to the restoration of a driver's license, constitutes a violation of N.J.S.A. 39:3-40. Defendant was convicted in Cranford Municipal Court for a violation of N.J.S.A. 39:3-40 and comes before the court on a trial de novo. As a third offender, the mandatory sentence under N.J.S.A. 39:3-40 would be a $1,000 fine, ten days in the county jail, and an additional suspension of his license for up to six months.

Defendant's driver's license had been suspended on May 31, 1984, for a period of three months by the Director of the New Jersey Division of Motor Vehicles pursuant to N.J.S.A. 39:5-30.10,

entitled, "Subsequent violations; suspension; notice; hearing; failure to appear."*fn1 Said statute states, in pertinent part:

N.J.A.C. 13:19-10.6(a), indicates that:

When the subsequent violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program -- 90 days [suspension]. . . .

According to the express terms of the order of suspension, the period of suspension was to commence on May 31, 1984, and the period of suspension is stated to be three months.

Order of Suspension

For the reason given below your New Jersey driving privilege is suspended on 5/31/84

Reason for Suspension: PERSISTENT VIOLATOR/POINT SYSTEM REGULATION, FAILURE TO ATTEND CONFERENCE: 5/10/84 ...


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