Kenneth Vercammen is past president of the Middlesex County NJ Municipal Court Prosecutor's Association. He served as the Cranbury Township Prosecutor.

New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

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is a NJ trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures to police departments as a volunteer on criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is co- Chair of the ABA Criminal Law Committee,GP and was a speaker at a recent ABA Annual Meeting attended by 10,000 attorneys and professionals. To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

visit Website www.njlaws.com

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500

August 4, 2016

DUI: Driving Under the Influence NJ penalties

DUI: Driving Under the Influence


In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI). 

Being convicted of a DUI is a serious offense, carrying heavy penalties including:
  • Fines, fees and surcharges
  • License suspension
  • Ignition interlock device
  • Jail time
  • Community service

Mandatory fines and penalties


Alcohol or drug related DUI with BAC of 0.10% or greater
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration


Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock 
3 months
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*


Repeated DUI convictions
Offense
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock 
2nd offense within 10 years
2 years
$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense
10 years
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days
Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration


Related Offenses

Driving or riding with an open container
OffenseFines   Community service
  1st  $200   –
  2nd  $250   10 days


Driving with a DUI suspension
License lossFines or surchargesPrison term
Additional
 1–2 years
$500 fine
$250/year (for 3 years) surcharge
  10–90 days


Driving while possessing drugs
License lossFines or surcharges
  2 years  Minimum $50 fine


Driving while possessing drugs
License lossFines or surcharges
  2 years  Minimum $50 fine

Notes:
  • *IDRC - Intoxicated Driver Resource Center
  • *AERF - Alcohol Education and Rehabilitation Fund
  • Underage drinking may cause a six-month delay in getting a license
  • Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Failure to pay DUI surcharges will result in
  • Indefinite suspension of driving privileges
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action
  • source http://www.state.nj.us/mvc/Violations/dui.htm

2C:35-10b Being Under the Influence

2C:35-10b Being Under the Influence

2C:35-10b Being Under the Influence  a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;

(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;

(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

2C:12-1(c) Aggravated Assault by Aut

2C:12-1(c) Aggravated Assault by Auto


(1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.
(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:
(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this section.
It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

August 3, 2016

§ 10:162-6.14. Client treatment procedures IDRC

§ 10:162-6.14.  Client treatment procedures

   (a) The Intoxicated Driver Resource Center or Intoxicated Driving Program, as appropriate, and the treatment program must conclude that the client is appropriate for treatment before treatment commences. If the treatment program, after performing a proper evaluation under this chapter, indicates the client is not appropriate for treatment or needs an alternate treatment referral, the client shall be referred back to the Intoxicated Driver Resource Center for appropriate action. The Intoxicated Driver Resource Center or Intoxicated Driving Program will close the case unless it is determined that the criteria used, in accordance with  N.J.A.C. 10:162-4.2, justify treatment. A client refusing to participate in treatment after two findings that treatment is appropriate shall be referred to the sentencing court as non-compliant, in accordance with N.J.A.C. 10:162-8.
(b) If a convicted intoxicated driver or licensed driver is sent to treatment by the Intoxicated Driver Resource Center or by Intoxicated Driving Program, he or she must successfully complete a minimum of 16 weeks of treatment. Each session shall consist of one session per week which shall last no less than one hour in duration. The requirement of treatment within a 16 week period can be waived by the Intoxicated Driver Resource Center Director to meet the extraordinary circumstances of the client, upon a written petition from the client and with the approval of the Intoxicated Driving Program (for example, if the client has an out-of-State work assignment or is attending an out-of-State educational institution). The requirement of 16 sessions of treatment cannot be waived.
(c) If the treatment program decides that the client needs additional treatment beyond 16 sessions, the program shall state its reasons in writing to the Intoxicated Driver Resource Center or Intoxicated Driving Program as appropriate and receive written approval before commencing any additional treatment. The client shall receive written notice regarding the request for the extension and may submit comments regarding the appropriateness of the decision to the Intoxicated Driver Resource Center or the Intoxicated Driver Program, as appropriate, within 10 days of this notice.
(d) If a client is not able to safely resume driving after a year of continuous treatment, the Intoxicated Driver Resource Center/Intoxicated Driving Program shall report this to the Division of Motor Vehicles.

(e) All clients referred to treatment shall contact the treatment program within 10 working days of the referral. Treatment agencies must report to the Intoxicated Driver Resource Center or Intoxicated Driving Program as appropriate that the client has commenced treatment within 30 days of the initial contact.

August 2, 2016

§ 10:162-6.13. Final client treatment release, evaluation, and request for payment IDRC

§ 10:162-6.13.  Final client treatment release, evaluation, and request for payment
 (a) In releasing a client from treatment, the counselor is making a professional judgment about the client's alcohol/drug behavior. The client should be in control of his or her problem. For alcohol or drug abusers, this will mean abstinence; for others who are not alcohol or drug abusers, this will mean the ability for the client to make rational decisions regarding alcohol/drug use and driving.
   (b) The following criteria shall be considered by the treatment program counselor to support the counselor's professional judgment:
   1. Client cooperation during treatment;
   2. Development of positive attitude;
   3. Achievement of abstinence;
   4. Quality of involvement in treatment or self help group;
   5. Family involvement in treatment;
   6. Participation in group interaction;
   7. Change of behavior patterns related to alcohol/drug use;
   8. Significant life style changes;
   9. Reduction of alcohol/drug intake;
   10. Improvement of self image;
   11. Use of support systems;
   12. Positive observations by family members, other clients, and other counselors; and
   13. Chemical test results where available.
   (c) An approved sub-grantee shall present suitable documentation to a coordinating grantee designated by the Division of Addiction Services for payment for a covered treatment episode, indicating the date or dates on which services were provided, the number of units of service provided, the modality or modalities of service provided and proof that the client was an eligible recipient.

   (d) The Division of Addiction Services may authorize provider service sub-contracts in the form of payments by a coordinating grantee to approved grantees based on the documentation provided pursuant to  N.J.A.C. 10:162-6.13(c) and 10.4(a) through (c).

§ 10:162-6.12. Client transfers from one treatment program to another IDRC

§ 10:162-6.12.  Client transfers from one treatment program to another
 Client transfers from one treatment program to another are permitted, if approved by the Intoxicated Driver Resource Center, and if a client is in compliance and a conflict between a program and a client has progressed to the point that treatment is jeopardized. Other valid reasons, such as change of address, or to make more suitable arrangements between clients and programs, may be honored. Credit for successful prior treatment shall be given by the receiving Intoxicated Driver Resource Center. There shall be a presumption of credit for attendance if the client was in compliance and was successful in treatment and this is documented. Transfer of records shall be channeled through the Intoxicated Driver Resource Center office. The Intoxicated Driver Resource Center who received the fee and provided the evaluation is responsible for administration and follow-up of client monitoring.

§ 10:162-6.11. Family involvement IDRC

§ 10:162-6.11.  Family involvement
Each client may be requested to have one counseling session with a member of his or her family or a friend. The counselor may make every effort, with the client's consent, to involve the family in the treatment process, including one session on family aspects of alcohol and drug abuse. If necessary, marriage and family counseling shall be available to the client and can be substituted for regular group sessions. If family or friend refuse to attend, or the client does not desire to reveal that he or she is in treatment to the family and friends, this is not non-compliance on the part of the client. Self help group information should also be made available.