If a defendant is charged and pleads guilty to driving on a suspended license due to an underlying offense of driving under the influence (DWI), can that defendant avail him/herself of serving the mandatory jail term in SLAP (a form of community service) in lieu of jail. According to State v. White, a municipal court opinion, that was written by Hon. Richard Bowe, J.M.C, the answer is NO!!
What is the practical affect of this decision? It can be argued that this opinion does not apply to defendants charged in differing counties or courts. In addition, it can be argued that the opinion is persuasive at best, in that, other municipal court judges are not bound.
