No SLAP for Driving on Revoked List Due to DWI – State v. White

[4/29/10 – 8:59 pm] The Committee on Opinion has approved the publication of a decision from the Municipal Court of Byram Township (Sussex County). In the opinion captioned State v. White and written by Hon. Richard Bowe, J.M.C., the Court ruled that the county’s Sheriff’s Labor Assistance Program (SLAP) is not available to a defendant who has been sentenced to a term of incarceration for driving on the revoked list (NJSA 39:3-40) when the underlying reason for the suspension was for a drunk driving conviction. Rather, only a jail term is permissible under the revoked-list statute.

The publication of decisions from the municipal court is extremely rare in New Jersey. However, the holding in White marks the second time that an opinion written by Judge Bowe has been approved for publication by the Committee on Opinions. His earlier opinion, State v. O’Connor, 405 N.J. Super. 185 (Mun. Ct. 2008) explored the question of whether municipal courts have jurisdiction to impose penalties for a violation of a statute related to starting outdoor fire.

Download a copy of State v. White.

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Category: Muni-Mail Archive