Saturday, September 22, 2012

2C:40-26 Operating motor vehicle during period of license suspension, fourth degree crime.

2C:40-26  Operating motor vehicle during period of license suspension, fourth degree crime.

1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense.  A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

b.It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).  A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

c.Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.

Monday, September 10, 2012

Requirements for Out-of-State Residents Regarding a DUI Conviction


Requirements for Out-of-State
Residents Regarding a DUI Conviction
PLEASE BRING THIS ENTIRE PACKET WITH YOU TO ENSURE THE APPROPRIATE
INFORMATION IS SUBMITTED TO THE STATE OF NEW JERSEY.
ALL OFFENDERS must fulfill the TWO requirements below:
1) CONTACT YOUR HOME STATE OFFICE IDENTIFIED ON THE CONTACT
REFERENCE PAGE to determine your state’s certified educational program for DUI
offenders. Attendance and completion is mandatory.
Documentation of completion must be mailed by your certified educational program directly
to the State of New Jersey. Notice of completion must be on certified education program
letterhead and include the following information:
Client full name and date of birth
Client address, if different from the cover letter
Date of Enrollment and Date of Completion
Number of hours attended
Program contact person and contact information
- AND -
2) CONTACT A CLINICIAN/COUNSELOR LICENSED OR CERTIFIED IN YOUR
STATE TO PROVIDE CLINICAL DRUG AND ALCOHOL ASSESSMENTS. All
offenders must schedule and participate in a comprehensive drug and alcohol assessment
conducted by a clinician/counselor licensed or certified in your state and complete all
treatment requirements.
Referrals to the appropriately licensed or certified clinician/counselor may be available by
contacting your state agency indicated on the contact reference page. If treatment is
recommended, compliance will not be met until treatment completion is reported.
* If treatment is indicated, length of stay shall be a minimum of sixteen (16) weeks, minimum
one session per week and each session shall be a minimum of one hour.
* If a counselor identifies that treatment is not indicated, supporting documentation is required to
substantiate that treatment is not indicated. This option applies only to individuals with one or
two life-time alcohol or drug related motor vehicle or vessel convictions.
* Individuals with three or more life-time alcohol or drug related motor vehicle or vessel
convictions must participate in a treatment program. NJ law regulations require a
minimum of sixteen weeks length of stay in the determined American Society of Addiction
Medicine (ASAM) level of care.
In all cases, the clinician/counselor must mail the appropriate documentation to support the above
to the state of New Jersey. Documentation in the form of a discharge summary must be on agency
letterhead and include the following:
Client full name and date of birth.
Client current address.
Provide recommendations using ASAM Patient Placement criteria indicating the appropriate
level of care. If client has completed treatment, provide level of care upon admission and
discharge.
Date of Assessment, Treatment start date and completion date.
Number of sessions attended.
Discharge status (treatment complete, refused, no treatment indicated, referral to next level of
care, etc.)
If a counselor identifies that treatment is not indicated, supporting documentation is required to
substantiate that treatment is not indicated. This option applies only to individuals with one or
two life-time alcohol or drug related motor vehicle or vessel convictions. Multiple offenders
must attend a minimum of sixteen weeks treatment.
Counselor signature, credentials and contact information.
Note that Section One and Section Two can be done concurrently. However, they cannot
be combined into one program. If the requirements are not completed within six months of the
date of your letter, non-compliance will be issued. Partial compliance is not reviewed by this
office.
This office does not accept faxed copies of documentation. Only mailed originals will be
accepted and reviewed. Case review of documentation submitted occurs only after all
requirements are completed and reported to this office.
Confirmation of mail delivery is not provided via client request. If you require confirmation of
delivery for letters sent to our office, please ensure mail is sent via USPS CERTIFIED postage.
INTOXICATED DRIVING PROGRAM
CONTACT REFERENCES
Please send all program correspondences to:
New Jersey Division of Addiction Services
Intoxicated Driving Program
Out of State Unit
PO BOX 365
Trenton, NJ 08625-0365
To schedule attendance at an alcohol and drug education program in your state, please see the
attached directory.
For information on clinicians/counselors licensed or certified in your state to provide clinical drug
and alcohol assessments, please contact either your home state’s authority or visit the website
Substance Abuse Treatment Facility Locator http://findtreatment.samhsa.gov/
Questions related to driver’s license restoration can be directed to NJ Motor Vehicle Commission:
609-292-7500
To obtain a copy of your life-time New Jersey driving history, please call 609-292-7500 or visit
http://www.state.nj.us/mvc/Licenses/DriverHistory.htm
For copies of court orders, summons, etc., contact your court of conviction. See
http://www.judiciary.state.nj.us/directory/munctadr.pdf
For additional questions or concerns call the NJ DUI HOTLINE: 609-588-7354 or
http://www.state.nj.us/humanservices/das/treatment/idp/

Wednesday, September 5, 2012

New free mobile app New Jersey Criminal and traffic Statutes


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Admitted In NJ, US Supreme Court and Federal District Court.