Defendant Wins Appeal After Sentenced to Jail

New Jersey Municipal Court Defendant Successful on Appeal After Sentenced to Jail and License Suspension for Careless Driving

In this particular case, the municipal court judge sentenced the defendant to a suspension of driving privileges for ninety days, fines and costs totaling $241, and a fifteen-day jail term. After reviewing the facts of the case, however, the Appellate Division reversed the decision and remanded the case for re-sentencing.

1.  The nature and circumstances of the defendant’s conduct, including whether the conduct posed a high risk of danger to the public or caused physical harm or property damage;

2.  The defendant’s driving record, including the defendant’s age and length of time as a licensed driver, and the number, seriousness, and frequency of prior infractions;

3.  Whether the defendant was infraction-free for a substantial period before the most recent violation or whether the nature and extent of the defendant’s driving record indicates that there is a substantial risk that he or she will commit another violation;

4.  Whether the character and attitude of the defendant indicate that he or she is likely or unlikely to commit another violation; whether the defendant’s conduct was the result of circumstances unlikely to recur;

5.  whether a license suspension would cause excessive hardship to the defendant and/or defendants; and

6.  The need for personal deterrence; as well as;

7.   Any other relevant factor clearly identified by the court may be considered as well.