No Madatory Jail for Leaving the Scene with Injuries
[03/29/2016; 1:14 p.m.] In the opinion published yesterday in the appellate division case State v. Frank, there are two very important take-aways for NJ attorneys. The most salient take-away involves leaving the scene of an accident (N.J.S.A. 39:4-129), as the opinion states “the trial court erred in concluding that N.J.S.A. 39:4-129(a) mandates a custodial sentence.” So that means no mandatory jail for leaving the scene with injuries.
The second major take-away in State v. Frank is that only mandatory penalties in MV offenses survive merger into companion criminal convictions.
For more, check out the PDF of the case here.