March 26, 2014

Surcharges in NJ

Surcharges in NJ
New Jersey statute* require the Motor Vehicle
Commission to collect surcharges from motorists
whose driving records include certain motor
vehicle offenses.
These surcharges are in addition to any courtimposed
fines and penalties or any premiums
assessed by insurance companies.
Who is Responsible?
You are responsible for paying the surcharge
even if you move out of NJ. The surcharge is
imposed regardless of your current license,
registration and/or insurance status.
When are They Due?
The due date for surcharge payments is printed
on the bill. If you fail to pay the surcharge in full,
or begin an installment payment plan (IPP) by
that date, your driving privilege will be indefinitely
suspended and a $100 fee will be charged on
restoration. An unsatisfied surcharge will lead
to a Notice of Proposed Judgment, and MVC
may file a Certificate of Debt in the New Jersey
Superior Court to collect the full balance, the
interest and the collection costs.
The judgment and collection processes will
occur even if your driving privilege is suspended
for other reasons and you are ineligible for
restoration.
*(N.J.S.A. 17:29A-35)
What Violations are Subject
to Surcharges?
The surcharge for operating under the influence
or refusal, whether it occurs in New Jersey or
another state, is $1,000 a year for three years for
both a first and a second violation. A surcharge
of $1,500 a year for three years is imposed
for a third or subsequent violation that occurs
within three years of the first violation. If you
are convicted of both drunk driving and refusal
resulting from the same arrest, you will only
receive one surcharge.
Point Violations
(Effective July 1, 2004)
If you accumulate six or more points in a period
of three years or less you must pay an insurance
surcharge of $150 for the first six points and $25
for each additional point. The point surcharge will
remain in effect as long as you have six or more
points on your record resulting from violations
posted in the immediate past three years. The
accumulation is calculated from the posting date
to your driving record, not when the violations
occurred.
ALCOHOL AND DRUG RELATED OFFENSES
VIOLATIONS ON OR AFTER
In-state operating under
the influence of liquor
or drugs (DUI)
February 10, 1983
Out-of-state DUI January 26, 1984
Refusal to submit to
chemical test
January 26, 1984
Point reductions issued for one year of
violation or suspension-free driving, or
for completion of a driver improvement
school or defensive driving course are
not considered in reviewing the three-year
record for surcharge purposes.
Other actions subject to
surcharges**
(on or after March 19, 1984)
**Regulation N.J.A.C. 13:19-13.1 et seq.
***These surcharges are assessed each year for three years.
Operating While Suspended
(Increased penalty effective July 1, 1994)
If your driving privilege is suspended as a result
of failure to pay insurance surcharges and you
are convicted of operating while suspended, the
court is mandated to impose an additional $3,000
fine. Pay the surcharge in full before your court
appearance and you will avoid this extra fine.
Paying the Surcharges
You can pay your surcharge by check or money
order if you:
• include the bottom portion of your notice
• include your NJ driver license number on your
check or money order, and
• use the envelope provided; or,
by MasterCard, VISA or Discover if you:
• call 1-888-651-9999 toll-free
DO NOT SEND CASH
YEARLY ASSESSMENT***
Unlicensed driver $100
No insurance - Moped $100
Driving while suspended,
court or MVC reported
$250
No liability insurance on
motor vehicle$250
source: http://www.state.nj.us/mvc/pdf/Violations/ISS-50.pdf

March 4, 2014

STATE OF NEW JERSEY VS. RAMIER A. DUNBAR

STATE OF NEW JERSEY VS. RAMIER A. DUNBAR
 A-5722-12T2

In response to a report of a shooting, officers
arrived within moments at a location where approximately
thirty persons had congregated. The officers' attention
was drawn immediately to defendant, who appeared nervous
and briefly ducked into an alley as others dispersed.
Defendant walked away, keeping the marked patrol car in
view, while the officers attempted to speak to him about
the report. In response, defendant merely continued to
walk away, looking back over his shoulder. One officer
stepped out of the patrol car and asked defendant to stop.
Defendant began to run, then discarded a handgun. We find
the facts, when combined, established reasonable suspicion
making the stop lawful. We therefore reverse the trial
court's order suppressing the evidence. 02/26/24

STATE OF NEW JERSEY VS. J.B.W.


STATE OF NEW JERSEY VS. J.B.W.
A-0527-13T4

The question presented is whether the term "youth
serving organization," as defined in N.J.S.A. 2C:7-22,
excludes organizations that work in cooperation with a
public school and its staff to promote a school program.
We conclude that such organizations are not excluded.
02/24/14