The opinion of the court was delivered by POLOW, J.A.D.
Defendant appeals from the trial court's determination that N.J.S.A. 39:3-40, which mandates a 45-day jail term for a driver on the revoked list who is involved in an accident resulting in personal injury, applies where only the unlicensed driver himself suffers injuries. The underlying facts are not in dispute. On September 11, 1979 defendant was driving a vehicle which left the road and struck a building...
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