On appeal from the Superior Court of New Jersey, Law Division, Burlington County.
King, Gruccio and D'Annunzio. The opinion of the court was delivered by King, P.J.A.D.
[221 NJSuper Page 227] This case requires us to construe the sentencing features of N.J.S.A. 39:3-40 which prohibits driving while on the suspended or revoked list. Defendant's license had been revoked for driving while intoxicated, N.J.S.A. 39:4-50. On February 16, 1986, during the revocation period, he was involved in a subsequent
accident resulting in personal injury to another person. N.J.S.A. 39:3-40(e).
On October 21, 1986 defendant pled guilty in the Palmyra Municipal Court to (1) operating a motor vehicle while under the influence of alcohol in violation of N.J.S.A. 39:4-50, and (2) driving while his license was revoked and causing injury to another in violation of N.J.S.A. 39:3-40(e). This statute states in full
No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.
No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.
A person violating this section shall be subject to the following penalties:
a. Upon conviction for a first offense, a fine of $500.00;
b. Upon conviction for a second offense, a fine of $750.000 and imprisonment in the county jail for not more than five days;
c. Upon conviction for a third offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days;
d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;
e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an ...