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SLAP Might Not Always Replace Jail Time for Driving While Suspended in New Jersey

Steven J. Richardson
Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.
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Don't drive in New Jersey if your license is suspended; just don't! If it is under suspension for a DUI, really don't. The convictions never go away, and jail time becomes mandatory starting with the third conviction. By jail time I mean at least ten (10) days.

Many people I have represented here in the Gloucester County area, however, have been able to avoid jail through a program called the Sheriff's Labor Assistance Program (SLAP). SLAP is a community-based corrections program that provides a structured alternative to incarceration, a sort of work-release.

Judges usually don't have a problem allowing someone to apply for SLAP, but after a while they tend to lose patience. I had a judge in Salem County state that he does not approve SLAP after the 5th conviction.

SLAP for Driving During a DUI Suspension?

Although this also applies in cases where the defendant was suspended for DUI, it may not always be available, as I think there is a growing trend away from it. The judge for Byram Township Municipal Court in Sussex County, the Honorable Richard Bowe, has had two opinions published on this issue (a rare occurrence for traffic court cases).

In those opinions he has ruled that SLAP is not available to a defendant convicted under these circumstances. The statutory jail term (10 to 90 days) is mandatory, he states, and the only permissible option.

Judges do not have to approve SLAP for a jail sentence, so whether it is available can depend on what court you are in. Thus it is best you never get the ticket in the first place if you have at least two prior convictions on your record.

If your suspension is over, be sure to go to motor vehicles, pay the restoration fee, and get your license back. It is still suspended until you do, even though the court-ordered period is over.

I May Be Able to Help

For more information on New Jersey traffic laws, be sure to download my free book. If you have received a ticket for driving while suspended here in southern New Jersey, feel free to call my office at 856-432-4113 or contact me through this site to schedule a free consultation in my Woodbury office to discuss your case.

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