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.

Share this Article

About the Author

Dedicated and Compassionate Attorneys at Ehrlich Law Offices provide loyal and personalized services to their clients.

Get Help Now