December 8, 2017

Additional penalties for driving while suspended:

Additional penalties for driving while suspended:
·       Driving while suspended for failing to pay an insurance surcharge will result in an additional $3,000 ne, plus the fines and penalties listed above (N.J.S.A. 39:3-40).
·       Driving while a license and/or registration is suspended for failure to properly insure a vehicle will result in a ne of $500, an additional driver license suspension of one to two years and possible court ordered imprisonment for up to 90 days (N.J.S.A. 39:3-40).
·       Driving while a license and/or registration is suspended and having a collision that causes injury to another person will result in a ne, continued suspension and the potential for a minimum 45-day jail sentence (N.J.S.A. 39:3-40).
·       Driving while a license and/or registration is suspended for a drug or alcohol offense, refusal to take a breath test or if the motorist is a habitual offender, will result in a ne of $500 and an additional license suspension of one to two years and/or possible court-ordered imprisonment for 10 to 90 days (N.J.S.A. 39:3-40).
·       Driving while a driving privilege is suspended due to driving while under the influence, refusal to submit to a chemical test or for a habitual offender offense, and driving on school property or within 1,000 feet of school property or through a school crossing zone will result in one to two years additional suspension time, a $500 ne and between 60 to 90 days imprisonment for a first offense. For second and third offenses, the suspension and fines remain the same, but the imprisonment term is increased to 120 to 150 days and 180 days, respectively (N.J.S.A. 39:3-40).
• Driving after failing to install an interlock device, as ordered by the court, results in a one-year suspension, in addition to any other suspensions already imposed, and may include penalties as a disorderly person (N.J.S.A. 39:4-50.19).
other violations:
·       A motorist who refuses to submit to a chemical test and driving on any school property or within 1,000 feet of school property or through a school crossing zone. Motorist will receive for a first offense a $600 to $1,000 ne and a one-to two- year driving privilege suspension; for second offenses the ne is $1,000 to $2,000 and the driving privilege will be suspended for four years. For a third offense, the ne is $2,000 and the driving privilege is suspended for 20 years (N.J.S.A. 39:4-50.4a).
·       A motorist who allows another motorist, who is currently suspended for driving under the influence or operating while suspended, to operate his/ her vehicle. The result may be a loss of driving and/or registration privileges (N.J.S.A. 39:3-40).
·       A motorist who has another person take the driving test. Motorist may be need $200 to $500 and/or imprisonment from 30 to 90 days. The driver license may also be revoked (N.J.S.A. 39:3-37).
·       Failure to appear at any scheduled court proceeding when charged with a non- indictable criminal offense, an ordinance violation or a motor vehicle offense. It will result in a court-ordered driver license suspension until the pending matter is settled (2B:12-31).
·       Failure to meet the conditions of a sentence imposed (such as to pay a ne, make restitution or perform community service). It will result in a court-ordered driver license suspension (2B:12-31).
·       Failure to pay a total of six months’ court-ordered child support or provide health insurance. If a child support-related warrant exists in the motorist’s name, the courts can order basic and commercial driver licenses and professional occupational licenses to be suspended until payments are made (N.J.S.A. 2A:17-56.44).


  • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf




Common MOTOR Vehicle Violations

Common MOTOR Vehicle Violations
Unsafe driving: A conviction of unsafe driving that endangers a person or property requires payment of a ne of not less than $50 or more than $150 for a first offense; not less than $100 or more than $250 for a second offense; and not less than $200 or more than $500 for a third offense. Motorist may be assessed motor vehicle penalty points if the offense occurs within five years of the prior offense. There is also a $250 court surcharge for each offense (N.J.S.A. 39:4-97.2).
reckless driving: Driving recklessly in a manner that willfully endangers the rights, property or safety of others is punishable by imprisonment of up to 60 days, or by a ne of not less than $50 or more than $200, or both for a first offense (N.J.S.A. 39:4-96). Points are assessed.
Abandoning a vehicle: Motorists who abandon their motor vehicles on or along limited-access highways for four hours or more without permission are subject to a ne of not less than $100 or more than $500 and possible loss of driving privileges for up to two years. For subsequent violations the ne is not less than $500 or more than $1,000, and the suspension is up to two years. The same penalties apply when owners abandon their vehicles on any highway or public property without consent for 48 hours or more and when owners abandon their vehicles for any period without current license plates
(N.J.S.A. 39:4-56.5).
·       Carrying alcoholic beverages: Motorists who carry open or unsealed alcoholic beverage containers in passenger areas of motor vehicles are subject to a ne of $200 for a first offense and $250 or 10 days of community service for all subsequent offenses (N.J.S.A. 39:4-51a).
·       ice and snow: Motorists of private vehicles face fines of $200 to $1,000 for each time ice ies from their vehicles and causes death, injury or property damage. Fines for commercial owners and operators range from $500 to $1,500 (N.J.S.A. 39:4-77.1).
·       highway construction zones: Speeding or other moving violations in areas undergoing highway construction mean doubled fines Some offenses include reckless driving, careless driving, speeding, improper passing, tailgating, improper turns, failure to observe traffic lanes, failure to observe a traffic signal or sign and failure to obey directions of an officer (N.J.S.A. 39:4-203.5).
·       65mphzone:Speeding10mphormoreabovethepostedspeedlimitorother certain moving violations in a 65-mph speed zone means doubled fines. Some offenses include racing on a public highway, refusal to comply with an officer’s request, or failure to obey traffic signs or signals, failure to comply with rules for passing another vehicle, failure to obey road markings, failure to observe distance between vehicles and careless driving (N.J.S.A. 39:4-98.6).
·       insurance fraud: Motorists convicted of fraud on insurance applications and claims forms may receive fines of up to $5,000, or imprisonment for up to three years, or both. In the event the motorist fraudulently receives $500 or less, he/ she may be fined up to $500 and/or imprisoned for not more than six months as a disorderly person. In addition, a person convicted of an automobile insurance crime will lose his/her driver license for one year (N.J.S.A. 39:6A-15).
·       drug offense: A New Jersey motorist’s driving privileges will be suspended after he/she is convicted of drug offenses in any federal or state court.
·       hit-and-run: A hit-and-run involving bodily injury or death results in a ne of $2,500 to $5,000 and/or 180 days in jail for the motorist. In addition, for a first offense, the motorist loses his/her license for one year. For subsequent offense, the motorist permanently loses his/her license (N.J.S.A. 39:4-129).
·       lying on application: Lying when applying for a license or registration will result in a ne of not less than $200 or more than $500 and/or up to six months imprisonment. A motorist will also lose his/her driver license privileges for six months to two years (N.J.S. A. 39:3-37).
·       forgery and fraud: Altering, forging and/or possession with intent to distribute a facsimile of a N.J. driver license is illegal and will result in up to a $150,000 ne, up to 10 years in prison and a driver license suspension (N.J.S.A. 2C:21-2.1).

Satisfactory participation in a state-assigned program is a condition for re-licensing. Failure to comply will result in further loss of driving privileges and the possibility of imprisonment



  • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf


Intoxicated DRIVER Resource Center

Intoxicated DRIVER Resource Center
State law requires that any motorist charged with an alcohol-related traffic offense must be detained at an IDRC. Each of New Jersey’s 21 counties has an IDRC where first- and third-time offenders are detained. Second-time offenders are detained at one of three regional IDRCs. The N.J. Department of Health and Senior Services, Division of Addiction Services, and the Intoxicated Driving Program coordinates all IDRCs.
During detention, all offenders attend an alcohol and highway safety education program. The center evaluates each offender for an alcohol or drug problem and determines the need for treatment. Those deemed in need of treatment are referred to an appropriate provider for at least a 16-week treatment program.
Satisfactory participation in a state-assigned program is a condition for re-licensing. Failure to comply will result in further loss of driving privileges and the possibility of imprisonment



  • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf



Ignition Interlock DEVICE (N.J.S.A. 39:4-50.17)

Ignition Interlock DEVICE (N.J.S.A. 39:4-50.17)
If a driver license was suspended because of a DUI offense, the court may require the individual to install an ignition interlock device in order to fully restore his/her driving privilege. This device is attached to the vehicle with a built-in Breathalyzer and prevents the vehicle from starting if the motorist’s BAC exceeds .05 percent. The interlock requirement is in addition to any other penalty required under the state’s drunk driving statute. Court ordered installation may be required for:

·       first dui offense: Installation of interlock device for six months to one year (judge’s discretion)
·       Second dui offense: Installation of interlock device for one to three years or a two-year suspension of registration privileges
·       third dui offense: Installation of interlock device for one to three years as a condition of restoring driving privileges or a 10-year suspension of registration privileges
If the court sentences a motorist to install an interlock device, he/she will receive an MVC notice explaining how to obtain the device, as well as an additional MVC notice confirming the suspension. An approved list of interlock device manufacturers can be found on the MVC’s Web site at www.njmvc.gov.




  • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf

Breath TEST refusal (N.J.S.A. 39:4-50.4a)

Breath TEST refusal (N.J.S.A. 39:4-50.4a)
New Jersey has an implied consent law. This means that motorists on New Jersey roadways have agreed, simply by using New Jersey roadways, to submit to a breath test given by law enforcement or hospital staff following an arrest for a drinking- and-driving offense. Motorists who refuse to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood.
Motorists who refuse to take a breath test in New Jersey are subject to an MVC insurance surcharge of $1,000 per year for three years. Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid. Motorists who refuse to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood.
Under state law, refusal to take a breath test is equal to driving with a BAC of .10 percent for a first offense. The current penalty for refusal is the loss of driving privileges for between seven months and one year, to run concurrently or consecutively, based upon a judge’s order.

  • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf
  • The courts may require DUI offenders to use ignition interlock devices on their motor vehicles. An interlock device (see page 117) is attached to a motor vehicle to prevent it from being started when the alcohol level of the motorist’s breath exceeds a predetermined amount. The interlock requirement is in addition to any other penalty required under the state’s drunk driving statute. Installation is for six months to three years, beginning when the motorist’s driver license has been restored following suspension. 
    • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf