Motor Vehicle Articles, 39 Motor Vehicle laws and Municipal Court: March 2012

Fines and Penalties of

Driving While Intoxicated (“DWI”), Permitting DWI, DWI in a School Zone and Refusal Offenses

N.J.S.A. 39:4-50; N.J.S.A. 39:4-50(g); 39:4-50.4a JANUARY 10, 2011

DRIVING WHILE INTOXICATED, PERMITTING DWI

N.J.S.A. 39:4-50

Please note: If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.

N.J.S.A.

Title

1st Offense – BAC 0.08% or higher, but less than .10%, or observation case
$250 to $400 fine, and

1st Offense – BAC 0.10% or higher or operation under influence of drugs $300 to $500 fine, and

1st Offense

2nd Offense

3rd or Subsequent Offense
$1000 fine, and

39:4-50

Driving While Intoxicated

$500 to $1000 fine, and
VCCA $50, DDEF $100, SNSF $75, $100 surcharge, and

VCCA $50, DDEF $100, SNSF $75, $100 surcharge, and

VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and

In court’s discretion, imprisonment not exceeding 30 days, and

Imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days (court may authorize 2 days through IDRC), and

Imprisonment not less than 180 days in county jail or workhouse – no work-release, out- patient, etc.: must do time in confinement.
Except the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and

-2-

DRIVING WHILE INTOXICATED, PERMITTING DWI

N.J.S.A. 39:4-50

N.J.S.A.

Title

1st Offense – BAC 0.08% or higher, but less than .10%, or observation case Driver’s license suspension for a period of 3 months, and

1st Offense – BAC 0.10% or higher or operation under influence of drugs Driver’s license suspension for not less than 7 months nor more than 1 year, and

1st Offense

2nd Offense

3rd or Subsequent Offense
Driver’s license suspension for 10 years, and

39:4-50 Continued

Driving While Intoxicated

Driver’s license suspension for 2 years, and

Community service for 30 days, and

IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and

May order participation in supervised visitation program as either a condition of probation or form of community service, and

May order participation in a supervised visitation program as either a condition of probation or form of community service and

-3-

DRIVING WHILE INTOXICATED, PERMITTING DWI

N.J.S.A. 39:4-50

N.J.S.A.

Title

1st Offense – BAC 0.08% or higher, but less than .10%, or observation case
May order installation of an interlock device for not less than 6 mos. nor more than 1 year commencing immediately on return of offender’s driver’s license (39:4-50.17), and

1st Offense – BAC 0.10% or higher or operation under influence of drugs
If BAC is less than .15% may order installation of an ignition interlock device for not less than 6 mos. nor more than 1 year commencing immediately on return of offender’s driver’s license, and

1st Offense

2nd Offense
Shall order installation of ignition interlock device during license suspension and for not less than 1 year nor more than 3 years commencing immediately upon return of offender’s driver’s license, and

3rd or Subsequent Offense
Shall order installation of ignition interlock device during license suspension and for not less than 1 year nor more than 3 years commencing immediately upon return of offender’s driver’s license, and

39:4-50 Continued

Driving While Intoxicated

BAC of .15% or higher shall order installation of ignition interlock device during period of suspension and for not less than 6 mos. nor more than 1 year beginning immediately upon return of offender’s driver’s license.

-4-

DRIVING WHILE INTOXICATED, PERMITTING DWI

N.J.S.A. 39:4-50

1st Offense – BAC 0.08% or

1st Offense – BAC 0.10% or higher or operation under influence of drugs

3rd or Subsequent Offense

N.J.S.A.

higher, but less than .10%, Title or observation case

1st Offense

2nd Offense

39:4-50 Continued

Satisfy the screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

Satisfy screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

-5-

DWI (AND PERMITTING DWI) IN A SCHOOL ZONE

N.J.S.A. 39:4-50(g)

N.J.S.A.

Title

1st Offense

2nd Offense

3rd or Subsequent Offense

39:4-50(g)

1. Driving while intoxicated on school property used for school purposes or within 1,000 feet of same;
2. Driving through a school crossing;
3. Driving in an area where juveniles crossing and present, even if not designated as an official crossing by municipality

$500 to $800 fine, and

$1000 to $2000 fine, and

$2000 fine, and

VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and

-6-

DWI (AND PERMITTING DWI) IN A SCHOOL ZONE

N.J.S.A. 39:4-50(g)

N.J.S.A.

Title

1st Offense

2nd Offense

3rd or Subsequent Offense

39:4-50(g) Continued

Imprisonment not exceeding 60 days, and

Imprisonment of not less than 96 consecutive hours which shall not be suspended or served on probation, nor more than 180 days. Can substitute up to 90 days of community service for imprisonment, and

Imprisonment not less than 180 days in a county jail or workhouse - no work-release, out-patient, etc.: must do time in confinement. Except that the court may lower such term for each day, not exceeding 90 days, to be served in drug or alcohol inpatient rehab approved by IDRC, and
Driver’s license suspension for 20 years to start upon completion of any prison sentence, and

Driver’s license suspension for not less than 1 year nor more than 2 years, and

Driver’s license suspension for 4 years, and

Community service for 60 days, and

If BAC of .08% or higher, but less than .15%, may order installation of an ignition interlock device commencing on return of offender’s driver’s license

BAC of .15% or higher SHALL

SHALL order installation of ignition interlock device during period of suspension and for not less than 1 year nor more than 3 years, beginning immediately following return of offender’s driver’s license, and

SHALL order installation of ignition interlock device during license suspension for not less than 1 year nor more than 3 years beginning immediately upon return of offender’s driver’s license, and

order installation of ignition interlock device during period of suspension and for not less than 6 mos. nor more than 1 year beginning immediately following return of offender’s driver’s license, and

-7-

DWI (AND PERMITTING DWI) IN A SCHOOL ZONE

N.J.S.A. 39:4-50(g)

39:4-50(g) Continued

Satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are met.

-8-

REFUSAL TO SUBMIT TO CHEMICAL TEST

N.J.S.A. 39:4-50.4a

N.J.S.A.

Title

1st Offense

2nd Offense

3rd or Subsequent Offense

39:50.4a

Refusal to submit to chemical test (penalty provision at N.J.S.A. 39:4-50.4a(a))

$300 to $500 fine, and

$500 to $1000 fine, and

$1000 fine, and

REFUSAL

DDEF $100, and

Driver’s license suspension not less than 7 mos. nor more than 1 year (consecutive to any revocation under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent) and

Driver’s license suspension for 2 years (consecutive to any revocation under N.J.S.A. 39:4- 50), and

Driver’s license suspension for 10 years (consecutive to any revocation under N.J.S.A. 39:4- 50), and

Shall order offender to IDRC, and

Shall order installation of ignition interlock device during period of suspension and for not less than 6 mos. nor more than 1 year, beginning immediately upon return of offender’s driver’s license.

Shall order installation of ignition interlock device during period of suspension and for not less than 1 year nor more than 3 years, beginning immediately upon return of offender’s driver’s license.

-9-

REFUSAL TO SUBMIT TO CHEMICAL TEST IN A SCHOOL ZONE

N.J.S.A. 39:4-50.4a(b)

39:4-50.4a(b) Refusal to submit to REFUSAL chemical test while SCHOOL 1. On school property ZONE used for school purposes

$600 to $1,000 fine, and DDEF $100, and

$1,000 to $2,000 fine, and DDEF $100, and

$2,000 fine, and DDEF $100, and

or within 1,000 feet of same;
2. Driving through a school crossing;

3. Driving in an area where juveniles are crossing and present, even if not designated as an official crossing by municipality.

Driver’s license suspension not less than 1 year nor more than 2 years (consecutive to any revocation under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent), and

Driver’s license suspension for 4 years (consecutive to any revocation under N.J.S.A. 39:4- 50), and

Driver’s license suspension for 20 years (consecutive to any revocation under N.J.S.A. 39:4- 50), and

- 10 -

REFUSAL TO SUBMIT TO CHEMICAL TEST IN A SCHOOL ZONE

N.J.S.A. 39:4-50.4a(b)

39:4-50.4a(b) Shall order offender to IDRC, REFUSAL and
SCHOOL
ZONE

Shall order offender to IDRC, and

- 11 -

Fines and Penalties of

Driving While Suspended

Offenses

N.J.S.A. 39:3-40 inclusive JANUARY 10, 2011

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DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 that involve an accident resulting in personal injury to another, the court is

required to impose a period of imprisonment for not less than 45 days, or more than 180 days.

N.J.S.A. 39:3-40(e)

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40

Driving while license or registration suspended – general provision. If accident with bodily injury, then imprisonment for not less than 45 days or more than 180 days.

$500 fine, and

$750 fine, and

$1000 fine, and

Imprisonment for at least 1 but not more than 5 days, and

Imprisonment for 10 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

Driver’s license suspension – to range from 1 day to a maximum of 6 mos.

If 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1).

If 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3- 40.1).

- 13 -

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 that involve an accident resulting in personal injury to another, the court is

required to impose a period of imprisonment for not less than 45 days, or more than 180 days.

N.J.S.A. 39:3-40(e)

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40 (f) (1)

Driving while license or registration is suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)

$1,000 fine, and

$1,250 fine, and

$1,500 fine, and

May impose imprisonment not more than 90 days, and

Shall impose imprisonment of 1-5 days. May impose additional period of imprisonment of not more than 90 days, and

Shall impose imprisonment of 10 days. May impose additional imprisonment for not more than 90 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

Driver’s license suspension not less than 12 mos. and 1 day, nor more than 30 mos.

Driver’s license suspension not less than 12 mos. and 1 day, nor more than 30 mos., and
If 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40 then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1).

Driver’s license suspension not less than 12 mos. and 1 day, nor more than 30 mos., and
If 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40 then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3- 40.1).

- 14 -

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 that involve an accident resulting in personal injury to another, the court is

required to impose a period of imprisonment for not less than 45 days, or more than 180 days.

N.J.S.A. 39:3-40(e)

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40 (f) (2)

Driving while license or registration is suspended due to conviction for:
1. N.J.S.A. 39:4-50 (driving while intoxicated) or

$1000 fine, and

$1250 fine, and

$1500 fine, and

2. N.J.S.A. 39:4-50.4a (refusal to submit to chemical test) or
3. N.J.S.A. 39:5-30 a to .30e (habitual offender)

Imprisonment of not less than 10 days, nor more than 90 days, and

Shall impose imprisonment of 1-5 days. Shall impose additional Imprisonment of not less than 10 days, nor more than 90 days, and

Shall impose imprisonment of 10 days. Shall impose additional imprisonment of not less than 10 days, nor more than 90 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for prior offense, and

Driver’s license suspension of not less than 12 mos. and 1 day, nor more than 30 mos., and

Revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

- 15 -

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 that involve an accident resulting in personal injury to another, the court is

required to impose a period of imprisonment for not less than 45 days, or more than 180 days.

N.J.S.A. 39:3-40(e)

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40 (f) (3)

Driving while license or registration is suspended in a school zone due to conviction for:

$1000 fine, and

$1250 fine, and

$1500 fine, and

1. N.J.S.A. 39:4-50 (driving while intoxicated) or
2. N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)

Imprisonment of not less than 60 days or more than 90 days.

Shall impose imprisonment of 1-5 days. Shall impose additional imprisonment of not less than 120 days nor more than 150 days, and

Shall impose imprisonment of 10 days. Shall impose additional imprisonment for 180 days, concurrent to the 10 days (State v. Owens, 54 N.J. 153), and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense, and

Driver’s license suspension for not less than 12 mos. and 1 day, nor more than 30 mos., and

If 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1).

If 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3- 40.1.

- 16 -

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 that involve an accident resulting in personal injury to another, the court is

required to impose a period of imprisonment for not less than 45 days, or more than 180 days.

N.J.S.A. 39:3-40(e)

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40 (i)

Driving while license or registration is suspended for failure to respond to failure to appear notice or to pay parking judgment or for failure to comply with a time payment order.

Maximum $100 fine upon proof that the violator has satisfied the parking tickets, or brought the installment payments current.

- 17 -

Condensed Version
of DWI, Permitting DWI, Refusal & Driving While Suspended Fines & Penalties

For ease of reference, the following charts summarize the information presented above.

The data in the charts is the same as that presented above, except that assessments and costs are included, as indicated.

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DWI PENALTIES FOR OFFENSES
As of January 10, 2011 -- N.J.S.A. 39:4-50(a)

First (Operating or allowing operation)
Offense: 0.08% but less than 0.10% (per se) or under the influence of intoxicating liquor (observation)

Fine:

DWI Surcharge
DDEF Surcharge Assessments
Court Costs
Safe Neighborhood (SNSF) VCCA

IDRC*:
Jail:
Loss of D.L.:
Interlock for Principal Vehicle :

Facility Visitation:
First (Operating or allowing operation)

$250.00 to $400.00 $100.00
$100.00
$6.00

Up to $33.00
$75.00
$50.00
12 to 48 Hours
Up to 30 Days
3 Months
Optional – 6 months to 1 year (if required-only following the suspension period)

Optional

Offense: 0.10% or higher (per se) or under the influence of drugs(observation)

Fine:

DWI Surcharge
DDEF Surcharge Assessments
Court Costs
Safe Neighborhood (SNSF) VCCA

IDRC:
Jail:
Loss of D.L.:
Interlock for principal vehicle:

Facility Visitation:
Second (Operating or allowing operation)

$300.00 to $500.00 $100.00
$100.00
$6.00

Up to $33.00
$75.00
$50.00
12 to 48 Hours
Up to 30 Days
7 Months to 1 Year
Mandatory 6 months to 1 year if .15 or higher BAC. Required during license suspension and this additional period. Optional-if less than .15 BAC - 6 months to l year following suspension period.

Optional

Offense: 0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)

Fine:

DWI Surcharge
DDEF Surcharge Assessments
Court Costs
Safe Neighborhood (SNSF) VCCA

IDRC:
Jail:
Loss of D.L.:
Community Service:
Interlock for principal vehicle:

Facility Visitation:
Third (Operating or allowing operation)

$500.00 to $1,000.00 $100.00
$100.00
$6.00

Up to $33.00
$75.00
$50.00
In accordance with individual treatment classification (usually 48 Hours) 2 Days to 90 Days (Court may authorize two days through IDRC)

2 Years
30 Days
1-3 years mandatory- required during license suspension and this additional period
Optional

Offense: 0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Third Safe Neighborhood (SNSF) Offense VCCA
Continued IDRC

Jail:

Loss of D.L.:
Interlock for principal vehicle:

Facility Visitation:

* “IDRC” – Intoxicated Driver Resource Centers

$1,000.00 $100.00 $100.00 $6.00

Up to $33.00
$75.00
$50.00
In accordance with individual treatment classification
180 Days (up to 90 days can be served through inpatient program approved by IDRC). Note: Jail cannot be served through IDRC, Community Service or Work Release (SLAP)***.

10 Years
1 – 3 Years Mandatory- required during license suspension and additional period
Optional

** State v. Luthe, 383 N.J.Super. 512 (App. Div. March 6, 2006) - 19 -

SCHOOL ZONE DWI PENALTIES FOR OFFENSES As of January 10, 2011 -- N.J.S.A. 39-4-50(g)

First Offense:

(Operating or allowing operation)
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Safe Neighborhood (SNSF)

VCCA

IDRC*:
Jail:
Loss of D.L.:
Interlock for principal vehicle:

$500 to $800.00 $100.00 $100.00
$6.00

Up to $33.00
$75.00
$50.00
12 to 48 Hours
Up to 60 Days
1 to 2 Years
Optional – if less than .15 BAC - 6 months to 1 year following the suspension period. If .15 BAC or higher – mandatory during license suspension period and an additional 6 months to 1 year following the suspension period

Optional
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)

Facility Visitation:

Second Offense:

(Operating or allowing operation)

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Safe Neighborhood (SNSF)

VCCA

IDRC*: Jail:

Loss of D.L.:
Community Service:
Interlock for principal vehicle:

Facility Visitation:

$1,000.00 to $2,000.00 $100.00
$100.00
$6.00

Up to $33.00
$75.00
$50.00
In accordance with individual treatment classification (usually 48 Hours) 4 to 180 Days (up to 90 Days can be through Community Service) (Court may authorize two days through IDRC)

4Years
60 Days
1 – 3 Years Mandatory- required during license suspension and this additional period
Optional

Third Offense:

Third Offense: Continued

(Operating or allowing operation)
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Safe Neighborhood (SNSF)

VCCA

IDRC: Jail:

Loss of D.L.:
Interlock for principal vehicle:

Facility Visitation:

$2,000.00 $100.00 $100.00 $6.00

20 Years
1 – 3 Years Mandatory-required during license suspension and this additional period
Optional

* “IDRC” – Intoxicated Driver Resource Centers ** State v. Luthe, 383 N.J.Super. 512 (App. Div. March 6, 2006)

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PENALTIES FOR REFUSAL TO SUBMIT TO A BREATH ALCOHOL TEST As of January 10, 20113⁄4
N.J.S.A. 39:4-50.4a(a)

First Offense:

Refusal to submit t
o chemical test (Penalty provision at N.J.S.A. 39:4-50.4a(a))

Fine:

DDEF Surcharge

Court Costs

IDRC:
Loss of D.L.:

Interlock for principal Vehicle:

$300.00 to $500.00 $100.00
Up to $33.00
12 to 48 Hours

Not less than 7 months or more than 1 year
(May be concurrent or consecutive to any revocation imposed under N.J.S.A. 39:4-50)

6 months to 1 year mandatory-required during license suspension and this additional period

Second Offense:

Refusal to submit to chemical test (Penalty provision at N.J.S.A. 39:4-50.4a(a))

Fine:

DDEF Surcharge

Court Costs

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

$500.00 to $1000.00

$100.00

Up to $33.00

In accordance with individual treatment classification (usually 48 Hours)

2 years
(Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)

1-3 years mandatory-required during license suspension and this additional period

Third or Subsequent Offense:

Refusal to submit to chemical test (Penalty provision at N.J.S.A. 39:4-50.4a(a))

Fine:

DDEF Surcharge

Court Costs

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

$1,000.00
$100.00
Up to $33.00
In accordance with individual treatment classification

10 Years
(Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)

1-3 years mandatory-required during license suspension and this additional period

3⁄4 Note: Burden of proof standard is beyond a reasonable doubt. State v. Cummings, 184 N.J. 84 (2005) - 21 -

SCHOOL ZONE PENALTIES FOR REFUSAL TO SUBMIT TO A BREATH ALCOHOL TEST

As of January 10, 20113⁄4 N.J.S.A. 39:4-50.4a(b)

First Refusal to submit to a chemical test on school property (Penalty provision at N.J.S.A. 39:4-50.4a(b)) Offense:

Fine:

IDRC:
Loss of D.L.:

Interlock for principal Vehicle:

$600.00 to $1000.00 $100.00
Up to $33.00
12 to 48 Hours

Not less than 1 year or more than 2 years
(May be concurrent or consecutive to any revocation imposed under N.J.S.A. 39:4-50)
6 months to 1 year mandatory-required during license suspension and this additional period

DDEF Surcharge

Court Costs

Second Refusal to submit to a chemical test on school property (Penalty provision at N.J.S.A. 39:4-50.4a(b)) Offense:

Fine:

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

$1,000.00 to $2,000.00
$100.00
Up to $33.00
In accordance with individual treatment classification (usually 48 Hours)

4 Years
(Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)

1-3 years Mandatory-required during license suspension and this additional period

DDEF Surcharge

Court Costs

Third or
Subsequent Refusal to submit to a chemical test on school property (Penalty provision at N.J.S.A. 39:4-50.4a(b)) Offense:

Fine:

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

$2,000.00
$100.00
Up to $33.00
In accordance with individual treatment classification

20 Years
(Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)

1-3 years Mandatory –required during license suspension and this additional period

DDEF Surcharge

Court Costs

3⁄4 Note: Burden of proof standard is beyond a reasonable doubt. State v. Cummings 184 N.J. 84 (2005). - 22 -

PENALTIES FOR DRIVING WHILE SUSPENDED As of January 10, 2011 -- N.J.S.A. 39:3-40 Inclusive

N.J.S.A. 39:3-40

First Offense:

Second Offense:

Driving while license or registration suspended – general provision. If accident with bodily injury, then imprisonment for not less than 45 days or more than 180 days.

Fine:

Court Costs

Loss of D.L.:

$500.00
Up to $33.00

Drivers’ license suspension – to range from 1 day to a maximum of 6 months

Driving while license or registration suspended – general provision. If accident with bodily injury, then imprisonment for not less than 45 days or more than 180 days.

Fine:

Court Costs

Loss of D.L.:
Revocation of registration

Jail

$750.00
Up to $33.00

Drivers’ license suspension – to range from 1 day to a maximum of 6 months

If 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40 then revocation of all registration certificates for the period drivers license is suspended (see N.J.S.A. 39:3-40.1)

Imprisonment for at least 1 but not more than 5 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

Third or Subsequent Offense:

Driving while license or registration suspended – general provision. If ac
cident with bodily injury, then imprisonment for not less than 45 days or more than 180 days.

Fine:

Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,000.00 Up to $33.00

Drivers’ license suspension – to range from 1 day to a maximum of 6 months

If 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40 then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

Imprisonment for 10 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

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N.J.S.A. 39:3-40(f)(1)

Driving while license or registration suspended due to conviction for N.J.S.A. 39:6B- 2 (driving without insurance).

First Offense:

Second Offense:

Driving while license or registration suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance). If accident with bodily injury, then imprisonment for not less than 45 days or more than 180 days.

Fine:
Court Costs

Loss of D.L.: Jail

$1,000.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months

May impose imprisonment not more than 90 days

Fine:
Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,250.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months

If 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40 then revocation of all registration certificates for the period drivers license is suspended (see N.J.S.A. 39:3-40.1)

Shall impose imprisonment of 1-5 days. May impose additional period of imprisonment of not more than 90 days

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense

Third or Subsequent Offense:

Court Costs Loss of D.L.:

Revocation of registration

Jail

$1,500.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months

If 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40 then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

Shall impose imprisonment of 10 days. May impose additional imprisonment for not more than 90 days

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense

- 24 -

N.J.S.A. 39:3-40(f)(2)
Driving while license or registration is suspended due to conviction for:
1. N.J.S.A. 39:4-50 (driving while intoxicated) or 2. N.J.S.A. 39:4-50.4a (refusal to submit to chemical test) or
3. N.J.S.A. 39:5-30 a to .30e (habitual offender)

First Offense:

Driving while license or registration is suspended due to conviction for:
1. N.J.S.A. 39:4-50 (DWI) or 2. N.J.S.A. 39:4-50.4a (refusal to submit to chemical test) or 3. N.J.S.A. 39:5-30 a to .30e (habitual offender)

Fine:
Court Costs

Loss of D.L.:
Revocation of registration Jail

$1,000.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months

Revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

Imprisonment of not less than 10 days, nor more than 90 days

Second Offense:

Fine:
Court Costs

Loss of D.L.:
Revocation of registration Jail

$1,250.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months

Revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

Shall impose imprisonment of 1-5 days. Shall impose additional period of imprisonment of not less than 10 days, nor more than 90 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense

Third or Subsequent Offense:

Fine:
Court Costs

Loss of D.L.:
Revocation of registration Jail

$1,500.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months
Revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1) Shall impose imprisonment of 10 days. Shall impose additional imprisonment of not less than 10 days, nor more than 90 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense

- 25 -

N.J.S.A. 39:3-40(f)(3)

Driving while license or registration is suspended in a school zone due to conviction for:
1. N.J.S.A. 39:4-50 (driving while intoxicated) or

2. N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)

First Offense:

Second Offense:

Driving while license or registration is suspended in a school zone due to conviction for:
1. N.J.S.A. 39:4-50 (driving while intoxicated) or 2. N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)

Fine:
Court Costs

Loss of D.L.: Jail

$1,000.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months

Imprisonment of not less than 60 days, nor more than 90 days

Fine:
Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,250.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months

If 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

Shall impose imprisonment of 1-5 days. Shall impose additional period of imprisonment of not less than 120 nor more than 150 days, and

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense

Third or Subsequent Offense:

Fine:
Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,500.00 Up to $33.00

Drivers’ license suspension – not less than 12 mos and 1 day, nor more than 30 months
If 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40 then revocation of all registration certificates for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

Shall impose imprisonment of 10 days. Shall impose additional imprisonment for 180 days, concurrent to the 10 days.

If offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense

- 26 -

N.J.S.A. 3-40 (i)
Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or for failure to comply with a time payment order

First Offense:

Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or for failure to comply with a time payment order

Fine: Maximum $100 fine upon proof that the violator has satisfied the parking tickets, or brought the installment

payments current. Court Costs Up to $33.00