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STATE v. PICKENS

124 N.J. Super. 193 (1973)

305 A.2d 802

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM R. PICKENS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1973.

Attorney(s) appearing for the Case

Mr. Carl Klein, attorney for appellant.

Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney for respondent (Mr. John De Cicco, Deputy Attorney General, of counsel and on the brief).

Before Judges FRITZ, LYNCH and TRAUTWEIN.

The opinion of the Court was delivered by TRAUTWEIN, J.A.D.

This appeal challenges the constitutionality of N.J.S.A. 39:3-40 which provides for a mandatory jail sentence of not less than 45 days for a person operating a motor vehicle while on the revoked list if such person while so operating a vehicle is involved in an accident resulting in personal injury.

Facts have been stipulated. Defendant concedes...

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