State v. Somma

SACHAR, J.S.C.

This is a case of first impression involving the question of whether the operation of a motor vehicle, after a period of suspension, but prior to the restoration of a driver’s license, constitutes a violation of N.J.S.A. 39:3-40. Defendant was convicted in Cranford Municipal Court for a violation of N.J. S.A. 39:3-40 and comes before the court on a trial de novo. As a third offender, the mandatory sentence under N.J.S.A. 39:3-40 would be a $1,000 fine, ten days in the county jail, and an additional suspension of his license for up to six months.

Defendant’s driver’s license had…