No Mandatory Jail Sentence Required For Leaving The Scene Of An Accident Involving Personal Injury

STATE OF NEW JERSEY, Respondent, v. LOUISE FRANK, Appellant.

DOCKET NO. A-0832-13T1. Argued March 3, 2015 – Decided March 29, 2016.

Judges Messano, Ostrer and Sumners. Appeal from Superior Court of NJ, Law Division, Middlesex County Indictment No. 10-04-00627.

Philip Nettl argued for appellant (Benedict and Altman, attorneys; Mr. Nettl, on the brief).

Joie Piderit, Asst Prosecutor, argued for respondent (Andrew C. Carey, Middlesex County Prosecutor, attorney; The opinion of the court was delivered by SUMNERS, JR., J.A.D. The Court held that leaving the scene of an accident (N.J.S.A. 39:4-129), doesn’t require jail as thought by the trial Judge “the trial court erred in concluding that N.J.S.A. 39:4-129(a) mandates a custodial sentence.” Also- only mandatory penalties in MV offenses survive merger into companion criminal convictions.