Motor Vehicle Articles and NJ Title 39 Motor Vehicle laws

39:3-40 Penalties for driving while license suspended including driving while license suspended for no insurance

2012-01-23T08:02:00.000-08:00

2011 Municipal Court College

2011-09-14T15:03:00.001-07:00

2011 Municipal Court College

Mon, Nov. 14, 2011

5:30 PM - 9:00 PM

New Jersey Law Center, New Brunswick

A guide to handling municipal court matters in your practice and a "crash course" designed to build your skills!

This information-packed program is designed for attorneys who do not concentrate in municipal court law, including general practitioners seeking to expand into this practice area & not, novice attorneys looking to create a niche practice. Seasoned municipal court lawyers are certainly more than welcome to join us and brush up on their skills.

You'll "go back to school" to attend 6 half hour segments and panel discussions that will provide you with a working knowledge of municipal court law basics. You'll quickly be able to represent clients in a wide range of matters you would normally have had to refer to others. Gain confidence in your ability to handle municipal court law matters. Make an investment in your legal career and register today!!

Program Agenda:
5:00		Opening
5:35		Initial client interview; getting retained; dealing with the prosecutor – Kenneth A. Vercammen, Esq
6:05		Driving While Suspended – Stephen D. Williams, Esq.
6:35		Drug Cases and DREs – Norma M. Murgado, Esq.
7:05		Break
7:15		Assault and miscellaneous proceedings – John E. Hogan, Esq.
7:45		DWI/Blood – John Menzel, Esq.
8:15		Alcotest – John Menzel, Esq.; Norma M. Murgado, Esq.
8:45		Q&A and closing comments
9:00		Adjourn

Gain insight and information that will help you represent clients in every aspect of municipal court law, including: • Initial interview getting retained and dealing with the prosecutor • Driving while suspended • Drug cases and DRE • Assault and miscellaneous • DWI - Blood • DWI – Alcotest

KENNETH A. VERCAMMEN, ESQ.

Past Chair, NJSBA Municipal Court Section

Past GP Solo Section Attorney of the Year

2006 NJSBA Municipal Court Practitioner of the Year

K. Vercammen & Associates (Edison)

JOHN MENZEL, ESQ.

Law Offices of John Menzel (Point Pleasant)

NORMA M. MURGADO, ESQ.

Chief Prosecutor (Elizabeth)

Assistant Prosecutor (Woodbridge)

Murgado & Carroll, Esq. (Elizabeth)

STEPHEN D. WILLIAMS, ESQ.

Law Offices of Stephen D. Williams (Flemington)

Who should attend: • Judges & Prosecutors • General practitioners • Criminal law practitioners • Municipal Court law practitioners • Litigators • New attorneys • Members of law enforcement

Includes seminar, 400 page book, CD with over 1,000 pages of forms, dinner, coffee, desert Tuition ranges between $145- $189 depending on NJSBA membership Call Phone: (732)214-8500 Seminar # S962-21594

General Tuition $190.00

2011 Municipal Court College

S96200F1

Tuition Discounts
Enter your "Special Code" for your discount.
Members Co-Sponsoring Sections/Organizations Save 25% (Special Code: COS)
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Recent admittees (past 2 years) Save 15% (Special Code: YL)
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NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.0 hours of total CLE credit. Of these, 4.0 qualify as hours of credit toward certification in criminal trial law.

Location: New Jersey Law Center

One Constitution Square

New Brunswick, NJ

732-214-8500

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION

NJICLE, A Division of the NJSBA NJ State Bar Association

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2010 MUNICIPAL COURT COLLEGE

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Order your audio package and earn New Jersey MCLE credits at your convenience.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

http://www.njicle.com/category.aspx?catid=2115#5908

http://KennethVercammen.com/MUNICIPAL.COURT.COLLEGE.html

39:4-97.3 using cell phone in car Use of wireless telephone, electronic communication device in moving vehicle; definitions; enforcement.

2011-05-04T10:12:00.001-07:00

39:4-97.3 using cell phone in car Use of wireless telephone, electronic communication device in moving vehicle; definitions; enforcement.

1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.

Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.

b.The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

(1)The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

(2)The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

As used in this act:

"Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.

"Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

"Two-way radio" means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.

"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.

c.(Deleted by amendment, P.L.2007, c.198).

d.A person who violates this section shall be fined $100.

e.No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

f.The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.

g.Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.

Kenneth Vercammen was included in the 2011 “Super Lawyers” list published by Thomson Reuters.

2011-04-20T05:10:00.001-07:00

Kenneth Vercammen was included in the 2011 “Super Lawyers” list published by Thomson Reuters.

State v Holland, State v Pizzo, Remand on alcotest machine

2011-04-06T06:39:00.000-07:00

State v Holland, State v Pizzo, Remand on alcotest machine

STATE OF NEW JERSEY, Plaintiff-Appellant,

v. NICOLE HOLLAND,

Defendant-Respondent. ___________________________

STATE OF NEW JERSEY, Plaintiff-Respondent,

v. KENNETH PIZZO, JR.,

Defendant-Appellant.

Argued February 8, 2011 - Decided April 5, 2011 Before Judges Parrillo, Yannotti and Skillman. On appeal from Superior Court of New Jersey, Law

Division, Monmouth 09-069 and 09-078.

County, Municipal Appeal Nos.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4384-09T3

A-4775-09T3

APPROVED FOR PUBLICATION April 5, 2011 APPELLATE DIVISION

Monica do Outeiro, cause for State of A-4384-09T3 and respondent in Docket No. A-4775-09T3 (Peter E. Warshaw, Jr., Monmouth County Prosecutor, attorney; Ms. Outeiro, of counsel and on the brief).

Assistant Prosecutor, argued the New Jersey, appellant in Docket No.

John Menzel argued the cause for appellant Kenneth Pizzo, Jr.

Alexander M. Iler argued the cause for respondent Nicole Holland (Law Offices of Alexander M. Iler, attorneys; Robert W. Ruggieri, of counsel; Mr. Iler, on the brief).

The opinion of the court was delivered by

PARRILLO, We granted leave to appeal in these two matters,

consolidated for the purposes of this opinion, to resolve a common issue: whether blood alcohol concentration (BAC) results derived from an Alcotest 7110 MKIII-C (Alcotest) breath-testing device are admissible against defendants in driving while intoxicated (DWI) prosecutions when the device has been calibrated with a Control Company, Inc. (Control Company) temperature probe, or thermometer, instead of the Ertco-Hart temperature probe referenced in State v. Chun, 194 N.J. 54, 89, 135, 152-53, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008).

Defendants Nicole Holland and Kenneth Pizzo were convicted in the municipal courts of Neptune City and Sea Girt, respectively, of per se violations of N.J.S.A. 39:4-50, among other motor vehicle offenses. Holland had moved to exclude the results of the Alcotest used to measure her BAC at 0.16% because the Alcotest was calibrated with a temperature probe

P.J.A.D.

A-4384-09T3

manufactured by a company other than Ertco-Hart. In the other matter, in anticipation of a similar motion, Pizzo requested a N.J.R.E. 104 hearing on the State's foundational proofs — specifically the various reports relating to calibration of the Alcotest machine, and further requested that the State provide missing documentation on the Alcotest device, which in his case produced a BAC reading of .15%. In both instances, the municipal court judge denied the motions, concluding in Holland's case that the Chun decision mandates the use of a NIST traceable thermometer and not necessarily one manufactured by Ertco-Hart, and in Pizzo's case that the State had complied with Chun's requirements. Holland subsequently entered a conditional guilty plea to DWI and Pizzo was convicted after a bench trial of a per se violation of N.J.S.A. 39:4-50.

Both defendants appealed their municipal court convictions to the Law Division, where de novo reviews were conducted by different judges. In the Holland matter, the judge suppressed the Alcotest results for failure to provide a Draeger Safety, Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability as a requisite foundational document, and remanded the matter to municipal court for proceedings limited to observational proof of Holland's alleged intoxication. The Law Division judge further ruled that, before

A-4384-09T3

the State could use a temperature probe manufactured by a company other than Ertco-Hart, it was required to seek permission from the Supreme Court and submit proof of comparability in a Frye1 hearing.

The judge in the Pizzo matter reached the opposite conclusion, rejecting the defendant's argument that the Alcotest results were inadmissible solely because the State used a Control Company temperature probe, but remanded to the municipal court to conduct a N.J.R.E. 104 hearing on the State's failure to produce additional Alcotest device data previously requested by Pizzo and to determine whether the Control Company temperature probe was comparable to the Ertco-Hart probe.

We granted leave to appeal in both cases in the interest of justice. R. 2:2-4. However, before addressing the common issue raised in the State's and defendant Pizzo's appeals, we first review basic concepts regarding admissibility of Alcotest results as set forth in Chun, and the role of the NIST traceable temperature measuring system in calibrating a particular Alcotest device.

It has long been recognized that breath-testing devices, known as breathalyzers, are scientifically reliable and accurate instruments used for determining BAC. Chun, supra, 194 N.J. at

1 Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). 4

A-4384-09T3

64. In fact, drivers whose breathalyzer test results exceed the statutory maximum BAC limit are guilty per se of DWI. Ibid. In order to admit the breathalyzer test results into evidence, the Court has required foundational proofs relating to the operation of the breathalyzer machine. Ibid. Over the years, the breathalyzer has become technologically outdated, resulting in the introduction of the Alcotest. Ibid. The Alcotest generates an Alcohol Influence Report (AIR), which provides an individual's BAC. Id. at 79, 82-83. The Alcotest is manufactured and marketed by Draeger Safety Diagnostics, Inc. (Draeger). Id. at 66.

Chun held that the novel Alcotest, utilizing New Jersey Firmware version 3.11, is "generally scientifically reliable," subject to certain conditions established by the Court. Id. at 65. Thus, "as a precondition for admissibility of the results of a breathalyzer, the State [is] required to establish that: (1) the device was in working order and had been inspected according to procedure; (2) the operator was certified; and (3) the test was administered according to official procedure." Id. at 134. The State must "clearly establish" these preconditions to admissibility. Id. at 92.

Having deemed the instrument reliable in general, the Court then explained how to determine whether the device was in

A-4384-09T3

"proper working order" in a particular case. Id. at 154. To that end, the State must enter into evidence three core foundational documents, none of which pertain to the temperature

measuring

device at issue here:

(1) the most recent Calibration Report prior to a defendant's test, including control tests, linearity tests, and the credentials of the coordinator who performed the calibration; (2) the most recent New Standard Solution Report prior to a defendant's test; and (3) the Certificate of Analysis of the 0.10 Simulator Solution used in a defendant's control tests.

[Ibid.] Calibration of the Alcotest during installation, and periodic re-calibration to ensure good working order, is a core element of proof in the accuracy determination, id. at 134, 153, and thus the Chun Court has required introduction of the most recent calibration report prior to admitting Alcotest results into evidence. Id. at 142, 145.

Chun described the calibration process as follows:

Calibration of the machines involves attaching the machine to an external simulator which uses a variety of solutions of known alcohol concentrations to create vapors that approximate human breath. By exposing the . . . mechanisms to these differing concentrations, and by analyzing the device's ability to identify accurately each of those samples within the acceptable range of tolerance, referred to as a linearity test, the coordinator is able to

A-4384-09T3

ensure that the machine is correctly calibrated.

[Id. at 84.] In its description of the calibration process, the Court did not specifically consider the Ertco-Hart temperature probe. However, the Special Master explained the calibration process in greater detail, Findings and Conclusions of Remand Court, Feb. 13, 2007, reprinted in 2007 N.J. Lexis 39 (Special Master's

Report), noting that "[t]o measure the temperature simulator solution, the [State Police] coordinator Ertco-Hart digital NIST thermometer." Id. at 139.

of the uses an

Specifically, the calibration process involves the running of several sets of tests, which results in the printing of related reports: the Part I Control Tests, the Part II Linearity Tests, the Solution Change Report and the Calibration Record. Prior to commencing these tests, the testing coordinator will prepare several alcohol solutions. The first is a 0.10% alcohol solution for the control tests. Id. at 45. The others are 0.04%, 0.08% and 0.16% alcohol solutions for the linearity tests. Ibid. Each of these solutions must be heated to thirty- four degrees Celsius (plus or minus 0.2 degrees), the average range of human breath, which will create vapors that approximate human breath and provide for successful calibration. Id. at 45, 286. To do so, the coordinator will allow each solution to heat

A-4384-09T3

for approximately one hour and then ensure that they have reached the appropriate temperature using an external NIST traceable temperature probe.2 Id. at 45, 138-39. Thus, the temperature probe is used to ensure the appropriate temperature of the solutions prior to the commencement of calibration of the Alcotest machine. Id. at 45-46.

Once the coordinator has determined that the alcohol solutions have reached their appropriate temperatures, the coordinator will begin calibration. Again, neither the Ertco- Hart nor Control Company probe is a part of the Alcotest device — it is used only to determine the temperature of the solutions before they are put into the Alcotest machine.3 First, the

2 NIST refers to the National Institute of Standards and Technology, which is responsible for establishing, maintaining and publishing basic standards of measurement consistent with their international counterparts. Special Master's Report, supra, at 45.

3 Significant for present purposes, there are other temperature probes, distinct from the temperature measuring device — whether made by Ertco-Hart or Control Company — used by the coordinator in initial calibration, see Special Master's Report, supra, at 138-39, that are integral to the calibration process itself and are not here in issue. One such probe is the "black key temperature probe" used by the testing coordinator to gain access to the calibration process. Id. at 138; see also Chun, supra, 194 N.J. at 83. Additionally, the Alcotest device itself contains a temperature probe within the machine. Special Master's Report, supra, at 35; Chun, supra, 194 N.J. at 105 n.24 ("There are several temperature devices related to the Alcotest. One, which is an integral part of each device, and the report of which is included on the AIR, heats the simulator solution in

(continued)

A-4384-09T3

coordinator will gain access to the Alcotest with the coordinator's black key temperature probe and conduct a control test with the 0.10% simulator solution. Id. at 45, 138. If the results of this test are not within the requisite range, the Alcotest will prompt the coordinator to repeat the control test with a new 0.10% simulator solution. If, on the other hand, the results are acceptable, the Part I Control Test certificate is printed. This document records the temperature of the 0.10% simulator solution as measured during the test — separate from the temperature recorded by the coordinator with the Control Company, or Ertco-Hart, probe during pre-calibration preparations. Chun, supra, 194 N.J. at 105 n.24.

The coordinator will then conduct two linearity tests on each of the three different simulator solutions of 0.04%, 0.08% and 0.16% by again using the coordinator's black key temperature probe. Special Master's Report, supra, at 45-46. If the results of the linearity tests are not acceptable, the Alcotest is placed out of service. If, on the other hand, the results are acceptable, the Part II Linearity Tests certificate is printed. Also contained on this certificate are the

(continued) the control test both in the device and, by extension, in the calibration process. Another heats the breath tube, but not the subject's actual breath sample, to prevent condensation.").

A-4384-09T3

temperatures of the three solutions as measured during the test — again separate from that measured by either the Ertco-Hart or Control Company probe during pre-calibration preparations. Lastly, the coordinator uses a solution to generate a Solution Change Report, which will complete the calibration test sequence and print a calibration record. Id. at 46.

In order to enable a defendant to challenge the functionality or operability of the device, the State must also disclose in discovery, in addition to the three "core" documents admitted into evidence, certain other "foundational" documents, which "might reveal some possible flaw in the operation of the particular device." Chun, supra, 194 N.J. at 148. The twelve non-core foundational documents, some of which pertain to the accuracy of the temperature probes, consist of:

(1) Calibrating Unit, New Standard Solution Report, most recent change, and the operator's credentials of the officer who performed that change; (2) Certificate of Analysis 0.10 Percent Solution used in New Solution Report; (3) Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator; (4) Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe; (5) Draeger Safety Certificate of Accuracy Alcotest 7110 Instrument (unless more relevant NJ Calibration Records (including both Parts I and II are offered)); (6) Calibration Check (including both control tests and linearity tests and the credentials of the operator/coordinator who performed the tests); (7) Certificate of Analysis 0.10 Percent Solution (used in

A-4384-09T3

Calibration-Control); (8) Certificate of Analysis 0.04, 0.08, and 0.16 Percent Solution (used in Calibration-Linearity); (9) Calibrating Unit, New Standard Solution Report, following Calibration; (10) Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator for the three simulators used in the 0.04, 0.08, and 0.16 percent solutions when conducting the Calibration-Linearity tests; (11) Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe used in the Calibration tests; and (12) Draeger Safety, Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability.

[Id. at 134-35, 153.] These documents, including, most notably for present

purposes, the Draeger Safety, Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability4 "are not fundamentally a part of demonstrating that the particular device was in good working order." Id. at 144-45. Characterized as "tests of tests and, therefore . . . too attenuated[,]" they are not essential to establish admissibility. Id. at 144. Rather, they are produced in discovery to allow a defendant to challenge the "accuracy of the device used and the chemical composition of solutions used to

4 Specifically, the Chun Court requires that a State Police coordinator re-calibrate the Alcotest device once every six months as evidenced by a "Draeger Safety, Ertco-Hart Calibration Report," certifying the reliability of the temperature probe, which must be produced during discovery as one of numerous foundational documents prior to admission of the Alcotest results. Id. at 153.

A-4384-09T3

routinely n.47. To

test and calibrate the machine." Id. at 142, 144 that end:

[I]n the event that any defendant perceives of an irregularity in any of these documents that might affect the proper operation of the device in question, timely issuance of a subpoena will suffice for purposes of protecting that defendant's rights. Were the use of the subpoena power to become routine, we would commend to the parties, with the assistance of our municipal courts, the use of pretrial de bene esse depositions or video conferencing technology to reduce the burden on the State or any independent testing laboratories.

[Id. at 144 n.47 (emphasis added).] However, "[a]bsent a pre-trial challenge to the admissibility of the AIR based on one of the other foundational documents produced in discovery, [the Court] perceive[d] of no reason to require that they be made a part of the record routinely." Id. at 145.

The present issue arises because testing coordinators in these two matters used a Control Company probe to confirm the appropriate temperature of the alcohol solutions, rather than the Ertco-Hart device referred to in Chun.5 Thus, in both cases,

5 In Holland's case, the Alcotest 7110 MKIII-C was successfully calibrated on May 26, 2009 by a certified State Police Breath Test Coordinator, and produced a BAC reading of 0.16% on June 24, 2009. As for Pizzo, the Alcotest 7110 MKIII-C was successfully calibrated on March 6, 2009 by a certified State

(continued)

A-4384-09T3

instead of producing in discovery a "Draeger Safety Ertco-Hart Calibration Report" as set forth in an order appended to the Chun opinion, the State produced a Control Company "Traceable Certificate of Calibration for Digital Thermometer," which is the manufacturer's own certification of the measuring system's accuracy. Consequently, both defendants argued that the results rendered by the Alcotest machine in their respective cases should have been excluded because a condition established in the Chun order was not satisfied. The Law Division judge in the Holland matter agreed, concluding that only Draeger's Ertco-Hart Calibration report — a non-core document — could satisfy the Chun Court's foundational requirements for admission of Alcotest results. We disagree. In our view, the AIR is not rendered inadmissible as an automatic consequence of the State's failure to produce a non-core foundational document.

Granted, the Chun Court mentioned "Ertco-Hart" several times in requiring foundational documents identifying the temperature probe by serial number in the calibration reports, inclusion of that serial number in the firmware of the temperature measuring system, and production of the temperature

(continued) Police Breath Test Coordinator, and produced a BAC reading of 0.15% on May 25, 2009.

A-4384-09T3

probe's NIST traceable certification.6 We do not read these references too strictly or literally as a mandate that only the

6 Specifically, there are four such references:

[T]he parties agree . . . that future calibration, certification and linearity reports should include the serial number of the Ertco-Hart digital temperature measuring system utilized in performing those testing and maintenance operations (Special Master's Finding 2(i)).

....

. . . [T]he Special Master recommended that certain documents, which he referred to as the "foundational documents," be produced during discovery and that they be admitted into evidence as part of the State's case- in-chief. The documents in question can be described as follows: . . . (12) Draeger Safety, Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability.

....

G. The firmware shall be programmed to include the serial number of the Ertco-Hart digital temperature measuring system utilized as a part of each calibration, certification and linearity report;

....

3. ORDERED that the State shall forthwith . . . [p]roduce in discovery the twelve foundation documents identified by the Special Master as follows: . . . (12) Draeger Safety Ertco-Hart Calibration Report.

(continued) A-4384-09T3

Ertco-Hart device be used, but rather as a facile means of identifying the temperature probe used to calibrate the Alcotest machine in Chun, and as distinguished from the other thermometers employed in the calibration process.

Nowhere in Chun or its accompanying order did the Court expressly state that only the Ertco-Hart device, to the exclusion of all others, was acceptable. On the contrary, the Chun Court adopted as modified the Special Master's Report, which described the calibration process as involving a "NIST- traceable temperature probe monitor[ing] the temperature of the simulator solution." Special Master's Report, supra, at 45 (emphasis added). Indeed, the Special Master advised the Court that "[t]he revised firmware shall require that the Ertco-Hart Digital Temperature Measuring System or other similar devices traceable to the National Institute of Standards and Technology is in proper operating condition and that the serial number of such devices be listed on all reports where . . . relevant." Id. at 272. (emphasis added).

There is no discussion in Chun of the uniqueness or significance of Ertco-Hart as the manufacturer of the

(continued) [Chun, supra, 194 N.J. at 89, 134-35, 152-53 (emphasis added).]

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temperature probe, and its only discernable characteristic appears to be certification of NIST traceability, which the Control Company probe also possesses. In other words, the emphasis is on NIST traceability as opposed to brand name. See ibid. Thus, we conclude that the Ertco-Hart references in Chun are merely identifiers explaining the necessary firmware modifications and foundational documents required with respect to one temperature probe (the one used to determine the alcohol solution temperatures during the calibration process), separate and apart from the Alcotest machine's internal temperature probe and the coordinator's black key probe.

We have in the past embraced a practical application of the requirements for admission of breath-test results so as not to "create an unduly and . . . unintended restriction on the State's ability to prosecute DWI cases." State v. Ugrovics, 410 N.J. Super. 482, 488-89 (App. Div. 2009), certif. denied, 202 N.J. 346 (2010). There, the defendant claimed that the Court's use of the term "operator" in Chun prohibited any individual other than a certified Alcotest operator from observing a driver during a required "observation" period. Id. at 488-90. We disagreed, rejecting "a literal, unexamined application of such language [that] would create an unduly and . . . unintended

A-4384-09T3

restriction on the State's ability to prosecute DWI cases based on the results of an Alcotest." Id. at 489.

Courts have also rejected limiting BAC results to those obtained using specifically manufactured machines. See State v. Samarel, 231 N.J. Super. 134, 140 (App. Div. 1989). In Romano v. Kimmelman, 96 N.J. 66 (1984), the Court upheld the reliability of the "Smith and Wesson Breathalyzer Model 900." Id. at 72, 82. Later, after the State began to replace the Smith and Wesson with a Draeger Breathalyzer Model 900, a driver charged with DWI challenged the driver's BAC results obtained using the Draeger breathalyzer machine because it was not manufactured by Smith and Wesson as referred to by the Romano Court. Samarel, supra, 231 N.J. Super. at 140. There, we rejected the "defendant's argument that the Supreme Court has approved the use of Smith and Wesson's breathalyzer model 900 to the exclusion of other manufacturers' breathalyzer models 900." Ibid. Similarly, in State v. Laurick, 231 N.J. Super. 464 (App. Div. 1989) rev'd on other grounds, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), we held that the Romano Court did not intend to limit its reliability findings to specific breathalyzer manufactures because such a reading of Romano would create "an absurd result." Id. at 471 n.1, 472-73.

A-4384-09T3

Because the use of another manufacturer's temperature probe to calibrate the Alcotest machine does not alone compel exclusion of test results, we reverse the contrary finding of the Law Division judge in the Holland matter. Of course, the fact that the Alcotest results are not rendered automatically inadmissible thereby does not end the inquiry. Although the Alcotest machine has been found to be generally reliable, the State still bears the burden of demonstrating the "proper working order" of the device. As noted, this is accomplished by introducing into evidence the three core foundational documents, Chun, supra, 194 N.J. at 154, which the State had done in both the Holland and Pizzo matters. In other words, the State may meet its initial burden to support the admissibility of Alcotest results without reference to the calibration of the temperature probe. Thus, once the State has introduced the core documents into evidence and produced the other foundational documents in discovery, the burden of production shifts to the defendant to show why the machine was not in working order, namely, apropos to the present matters, whether and how the differences in the temperature probes had any impact at all. Absent further evidence in this regard, we discern no impediment to the admission of the Alcotest results as the State would have

A-4384-09T3

satisfied its ultimate burden of persuasion as to the device's reliability and accuracy.

Based on the foundational document itself, Holland raised sufficient questions as to the reliability of the Control Company's probe to warrant further inquiry. Specifically, the device was calibrated on May 26, 2009, by a State Police coordinator using a Control Company temperature probe with a serial number DDXAP2-149. During discovery, the State provided the Control Company Traceable Certificate of Calibration for Digital Thermometer as a foundational document, demonstrating the reliability of the temperature probe. However, contained on this certification are numerous serial numbers and "due dates," including a March 6, 2009 due date for temperature probe serial number 149. Although unexplained, the due date may possibly be the date the probe is due for re-certification.

Holland raised this issue in the municipal court, contending that the certification and calibration reports revealed that during the May 26, 2009 calibration, the testing coordinator used an expired temperature probe, which came due for re-certification on March 6, 2009. However, the parties could not explain with certainty the use of the phrase "due date," nor the existence of a November 18, 2008 "Cal Date" and November 18, 2010 "Cal Due." Relying on those entries, however,

A-4384-09T3

Holland interpreted the Control Company calibration certificate to require calibration of its temperature probe every two years. Nevertheless, the municipal court could not determine whether the certificate's "Cal Date: 11/18/08" and "Cal Due: 11/18/10" was applicable to the temperature probe, or the due date of March 6, 2009 for serial number 149 rendered it unreliable.7 Later, on appeal to the Law Division, Holland raised the issue again, asserting that there were "some questions about what certain terms meant on [the] calibration certificate . . . [a]nd certain dates."

Satisfied that the Alcotest results were automatically excluded by reason alone of the difference in manufacturer, the Law Division judge left the questions raised by defendant unanswered. Yet, as part of its ultimate burden to clearly establish the good working order of the device, the onus of

7 Pursuant to Chun's direction that "in the event that any defendant perceives of an irregularity in any of [the foundational] documents that might affect the proper operation of the device in question, timely issuance of a subpoena will suffice for purposes of protecting that defendant's rights[,]" Chun, supra, 194 N.J. at 144, the municipal court judge granted an adjournment so that Holland could depose Wallace Berry, the technical manager at Control Company whose signature appears on the certificate. Prior to the next hearing, Holland subpoenaed Berry for a video deposition, but Control Company, a Texas corporation, declined to produce Berry for the deposition. The municipal court judge ultimately determined that he was unable to assert jurisdiction over Berry to compel Berry's appearance as an out-of-state witness.

A-4384-09T3

explaining any facial irregularity in the foundational documents that might affect the proper operation of the device in question lay with the State. Chun, supra, 194 N.J. at 92, 144 n.47. Therefore, we are constrained to remand to the Law Division to determine, among other issues validly raised by defendant Holland,8 whether the Control Company temperature probe was properly certified on May 26, 2009, pursuant to the Traceable Certificate of Calibration for Digital Thermometer.

8 The trial judge cited other differences between the Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability and the Control Company Traceable Certificate of Calibration for Digital Thermometer:

In fact, the evidence before this court shows that there are differences between the two temperature probes. First, Control Company, Inc. requires that the temperature probe be tested every two years, while the Draeger Safety temperature probe requires testing every twelve months. Second, the certificate from the Control Company states the following: ". . . there is no exact way to determine how long calibration will be maintained." However, the Draeger Safety certification for the digital temperature probe does not contain this language. This court finds that the differences stated above in conjunction with the fact that there was no expert testimony regarding its functionality, leaves this court to question whether this device can properly test the operating capability of the Alcotest machine.

A-4384-09T3

We reach the same result, as did the other Law Division judge, in the Pizzo matter. There, the court found that although Chun did not preclude the use of any similar digital thermometer traceable to NIST, "the record below is insufficient to support a finding that the digital thermometer used in this matter was in fact comparable to the Ertco-Hart thermometer." Consequently, the judge remanded the case to the municipal court for a N.J.R.E. 104 hearing on the reliability of the Control Company temperature probe and, separately, on a discovery issue involving missing Alcotest machine data not produced by the State and previously raised by the defendant below. The State did not cross-appeal from that remand order. In fact, the State has represented that it will be able to demonstrate that its change of manufacturer "holds no significance" and that "the Control Company, Inc., temperature probe is comparable to its Ertco-Hart-manufactured counterpart and meets the Special Master's requirement of traceability to internationally- recognized NIST standards."

We, therefore, agree for reasons previously stated with regard to the Holland matter that a remand is also indicated as to defendant Pizzo. We direct, however, that these two matters be consolidated and remanded to the Law Division for a hearing before a single judge to be designated by the Assignment Judge

A-4384-09T3

of Monmouth County to establish the reliability of the Alcotest results and the validity of the Traceable Certificate of Calibration for Digital Thermometer at the time of the Alcotest's calibration in each case. We further direct that the hearing is to be conducted within sixty days, with notice to the Attorney General, and findings of fact and conclusions of law rendered forthwith thereafter. We retain jurisdiction.

A-4384-09T3

Car Accident Victims Rights - Insurance to Pay Medical Bills

2011-04-01T14:03:00.000-07:00

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.

ACCIDENT VICTIMS RIGHTS REQUIRING INSURANCE TO PAY FOR MEDICAL/ CHIROPRACTIC TREATMENT

If injured in a car accident, it is important to immediately seek hospital and medical or chiropractic treatment. Under the New Jersey No Fault Act, car insurance companies are supposed to make timely payment of medical bills for the driver and passengers injured in their cars or other non-commercial vehicles. Doctors should let their patients know there are now minimum deductibles under the NJ Car No Fault Law (PIP). The following is helpful information for injured people and their doctors to obtain payment for bills.

1 Bills should be submitted to PIP & also to Major Medical and to Patient The medical provider must first submit the unpaid bills to the patient's car insurance carrier Personal Injury Protection (PIP carrier), and/or any Blue Cross/Blue Shield or other related medical provider, and fill out any documents required by the insurance company.

2. Deductibles There is an initial $250.00 deductible, and thereafter the car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. After $5,000 the car insurance company pays 100% under the fee schedule, unless an independent medical exam (IME) recommends no further treatment. We recommend doctors adequately notify patients that they are the primary responsible person for payment, not insurance companies. They are also called the PIP (Personal Injury Protection) benefits under the No Fault Law. For unpaid portions after 80% or under the deductible, the chiropractor and also patient should submit portions of bills the car insurance does not pay to their major medical carrier (ex- Blue Cross, Connecticut General). Patients must be told that if they have the lawsuit/ verbal threshold, they cannot even sue the negligent driver for their unpaid medical bills.

3. 21 day notification to PIP A State Law signed in January, 1996 requires automobile insurers to be notified by the claimant or medical provider in writing within 21 days following commencement of treatment of injuries sustained in an accident for which personal injury protection medical expense benefits are claimed. NJSA 39:6A-5(b) In addition, under this new law P.L. 1995, c 407, every bill for such treatment shall be submitted to the insurer and submitted by the medical provider if within 30 days of the date that treatment was rendered. N.J.S.A. 39:6A-5E (a) If the treating doctor does not give proper notification, the insurer can reserve the right to deny payment of the claim, and the treatment provider is prohibited from seeking a payment directly from the insured NJSA 39:6A-5(d) New Jersey Auto Insurance Law p 157 (GANN 2000). It is highly recommended that all doctors, hospitals, MRI facilities and physical therapy centers also send complete copies of all bills to the patient. Unfortunately, too often doctors or MRI facilities fail to advise patients of high unpaid bills, then put the patient in collection after the case is over for the unpaid bill.

Patients should submit copies of all bills to your car insurance company even if they believe the doctor or medical providers may also have submitted the bill to PIP. The patient should later send the bill to major medical. If the doctor's office and injured person does not keep their attorney's office informed in writing of unpaid medical bills, the attorney will not have sufficient information to provide to the defendant's insurance company and the Court when trying to settle a case.

4. New Care paths in Car Accident Cases Starting in 1999, all medical providers must follow "care paths" and most non emergency treatment approved by the car insurance company. Please make sure all treatment and bills are pre- approved by the car insurance company. The treating doctor should also contact the car insurance company prior to MRI or extensive treatment.

5. Dispute Resolution to require Payment of Doctor and MRI Bills following a car accident The intent of the no fault statute is to require speedy payment of hospital and doctor bills and prevent delay by insurance companies. An aggrieved personal injury protection claimant is entitled to receive "prompt payment of medical expenses, lost wages, essential services, survivor benefits and funeral expenses... without having to wait the outcome of protracted litigation." Kubiak v. Allstate Insurance Co., 198 N.J. Super. 115, 119 (App. Div. 1984), cert. den. 101 N.J. 290; Hoqlin v. Nationwide Mutual Insurance Co., 144 N.J. Super. 475, 479 (App. Div. 1976). This, together with the right to interest on overdue payments (then N.J.S.A. 39:6A 5(c)) and the ability under Rule 4:42 9(a)(6) to recover counsel fees if successful in the action should sufficiently guard against situations where an injured party is subjected to protracted aggravated consequences because of an insurer's failure to pay. Kubiak 198 N.J. Super. 119 120.

Disputes between the insurer and claimant as to whether or not benefits are due under the PIP statute may be resolved, at the election of either the claimant or the insurer, either by binding arbitration or by civil litigation. NJSA 39:6A-5(i) and NJSA 39:6A-5.1a, New Jersey Auto Insurance Law p 159 (GANN 2000) If the insurance company continues to delay and fails to pay medical benefits, the insured can either file suit in the Superior Court or file a demand for dispute resolution with American Arbitration Association. In New Jersey their office is located 1 Executive Drive, Somerset, New Jersey 08873. Filing fees are $325, paid by either the doctor/treatment provider or the patient. The check should be payable to the American Arbitration Association.

5a. NJSA 39:6A-5.1 sets forth in detail how AAA dispute resolution proceeds Dispute resolution proceedings shall include disputes arising regarding medical expense benefits provided under PIP law and disputes as to additional first party coverage benefits required to be offered. Disputes involving medical expense benefits may include, but not necessarily be limited to, matters concerning (1) interpretation of the insurance contract; (2) whether the treatment or health care service which is the subject of the dispute resolution proceeding is in accordance with the provisions pip law or the terms of the policy; (3) the eligibility of the treatment or service for compensation; (4) the eligibility of the provider performing the treatment or service to be compensated under the terms of the policy or under regulations promulgated by the commissioner, including whether the person is licensed or certified to perform such treatment; (5) whether the disputed medical treatment was actually performed; (6) whether diagnostic tests performed in connection with the treatment are those recognized by the commissioner; (7) the necessity or appropriateness of consultations by other health are providers; (8) disputes involving application of and adherence to fee schedules promulgated by the commissioner; and (9) whether the treatment performed is reasonable, necessary, and compatible with the protocols provided for pursuant to P.L.1998, c.21 (C.39:6A-1.1 et al.).

The dispute resolution professionals may review the entire claims file of the insurer, subject to any confidentiality requirement established pursuant to State of federal law. All decisions of the dispute resolution professional shall be in writing, in a form prescribed by the commissioner, shall state the issues in dispute, the findings and conclusions on which the decision is based, and shall be signed by the dispute resolution professional. All decisions of a dispute resolution professional shall be binding. The dispute resolution organization shall provide for the retention of all documents used in dispute resolution proceedings under this section and section 25 of this amendatory and supplementary act, including the written decision for a period of at least five years, in a form provided by the commissioner, or such additional time as may be established by the commissioner. The written decisions of the dispute resolution professional shall be forwarded to the commissioner, who shall establish a record of the proceedings conducted under the dispute resolution procedure, which shall be accessible to the public and may be used as guidance in subsequent dispute resolution proceedings.

Under the pre-1999 no fault law, AAA arbitrations were heard by a single arbitrator chosen by AAA. The arbitrator would fix the time and place for each oral hearing. Persons having a direct interest in the arbitration are entitled to attend hearings. Parties may offer such evidence as is relevant and material and shall produce such additional evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. The arbitrator may subpoena witnesses or documents on his own initiative or upon the request of any party. The arbitrator shall be the judge of the relevancy and the materiality of the evidence offered, and conforming to legal Rules of Evidence is not necessary. An arbitrator may receive and consider the evidence of witnesses by affidavit, but it shall give it only such weight as the arbitrator deems it entitled to after consideration of any objections made to its admission.

more info at http://www.kennethvercammen.com/accident_victims_rights.html?id=417&a=

VOLUNTEER LEGAL INTERNS NEEDED- PUBLIC DEFENDER OF METUCHEN

2010-12-27T14:26:00.000-08:00

VOLUNTEER LEGAL INTERNS NEEDED- PUBLIC DEFENDER OF METUCHEN

The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen welcomes persons to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and every other Friday morning court sessions.

Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given projects to provide information to the public on updated criminal laws and statutes. Help people less fortunate than you who are down on their luck. This is an unpaid internship helping indigent persons.

Court times: WEDNESDAY 1pm PM [approx]- 8:30 PM, every other Friday 9-12, plus hearing preparation work.

Volunteer Internship Description:

-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses

-Make demands for Discovery on Prosecutor and review police reports

-Attend hearings and learn from experienced trial attorneys

-Prepare Motions to Suppress Evidence and Motions to Compel Discovery

-Conduct appropriate Legal research

-Acquire skills in Criminal Law and Procedure by active participation

-Participate in Public Relations activities and help organize seminars

- Update Lists of Prosecutors, Judges and Attorneys for publication of

NJ Municipal Court Law Review

- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

- Learn how to add criminal statutes and criminal articles to legal blogs and websites. http://criminal-jury.blogspot.com/

Program lasts 12 weeks. Minimum time commitment September- May is 10 hours per week. Must be over 18 years old and have a car. You can work more hours if you want and more than 12 weeks.

For Summer- College graduates and Law students only. Minimum Volunteer time commitment in summer- 18 hours per week. Send cover letter and resume. After sending resume, call to schedule interview

We are committed to excellence and service to clients and the community. Applicants must have attention to detail. We attempt to give assignments which will be meaningful and memorable but, nevertheless, expect that the volunteers will pitch in on whatever needs to be done.

Interested persons must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered.

PUBLIC DEFENDER OF METUCHEN

Att: Kenneth Vercammen, Esq.

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

Kenneth Vercammen Law Office 25th Anniversary Party Friday, July 30, 2010

2010-07-01T19:52:00.001-07:00

Kenneth Vercammen Law Office
25th Anniversary Party
Friday, July 30, 2010

"Celebrating 25 years of providing excellent service to clients and the community"
1985-2010
Happy Hour, Open House, Client & Community Appreciation Social. Open to the public 4-7 PM

Food, Refreshments, T- shirts and special gifts

The Law office is located at 2053 Woodbridge Avenue, Edison, NJ 08817 near the Nixon Post Office, approximately 1/2 mile from Route 1/ Wick Plaza, and 1 mile from Middlesex County College. There is 50 parking spaces nearby on Russell Ave. and Lillian St. around the corner from Kim’s Kafe, on Woodbridge Ave. near the Green Derby Tavern, and across the street on School House Lane.
Visit our website at www.njlaws.com for Directions and other details or call and we will fax directions or email at KenV@njlaws.com

Kenneth Vercammen, Esq. at (732) 572-0500(Law office)
Fax form to 732-572-0030 or email
kenvnjlaws@verizon.net

-Yes, We will be attending the party

Name: _____________________________
email: _____________________________
http://www.kennethvercammen.com/25th.party.html

Major Criminal and Traffic Cases Affecting Municipal Court

2010-05-03T17:24:00.001-07:00

Major Criminal and Traffic Cases Affecting Municipal Court
Borgata Hotel Casino & Spa, Atlantic City
Municipal Court Practice Section Thursday, May 20  8 - 9:30 a.m.
Up-to-the minute information on the newest cases and procedures affecting New Jersey municipal court practice.
Speakers:   Kenneth Vercammen, Past Chair, NJSBA Municipal Court Section, Edison, NJ
Past Municipal Court Attorney of the Year
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year

Hon. Roy McGeady, PJMC  Chair, Presiding Municipal Court Judges Conference
CD with forms and Materials
provided to all attendees!

NJ State Bar Association Annual Meeting and Convention
May 19 – 21, 2010 
For Registration information, call the Meetings Department at 732-249-5000. NJSBA , New Jersey Law Center, One Constitution Square, New Brunswick, NJ 08901-1520.
All day conference fees range between $300-$400
http://www.njsba.com/calendar_events/AM10RegForm_WEB.pdf?meeting_reg=Download+Meeting+Registration+Form

Borgata Hotel Casino & Spa
1 Borgata Way
Atlantic City, NJ 08401
includes admittance to all program sessions and exhibits as
well as:
Wednesday Opening Wine & Cheese Reception
Welcome Reception
Thursday Continental Breakfast, Buffet Luncheon,
Afternoon Refreshments

RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 – Law Center- Seminar, Books and Audio CD for sale

2010-04-26T13:02:00.000-07:00

RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 – Law Center- Seminar, Books and Audio CD for sale

Monday, May 03, 2010
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick / S1507-15379

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates

Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)
Chair, Supreme Court Municipal Practice Committee (Union County)

WILLIAM G. BRIGIANI, ESQ.

NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)

JOHN MENZEL, ESQ.
Moore & Menzel

Are you prepared to prosecute or defend your client in new Alcotest cases?

This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.

An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.

Program Preview:
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• Ask the Experts

Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD

Seminar number S1507-15379

DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.

New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square,
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com

Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division

Major Municipal Court and Criminal Cases
to be discussed

1. State in the Interest of J.A. 195 NJ 324

2. State v. Buda
195 NJ 278
2b State v. Coder 198 NJ 451 (2009)

3. State v. Sweet
195 NJ 357

4 State v. Moran 408 NJ Super. 412 (App Div. 2009)

5 Herring v United States
129 S. Ct. 695 (2009)

6. State v Smith 408 NJ Super. 484 (App. Div. 2009)

7. Patel v. MVC __ NJ __
(Sup Ct. 2009)

8. State v. Marquez 408 NJ Super. 273 (App. Div. 2009)

9 Melendez-Diaz v Mass
129 S. Ct. 2527 (2009)

10 State v. Reeds
197 NJ 280 (2009)

11. State v. Hewitt
400 NJ Super. 376 (2008)

12 State v. Spell
142 NJ 514 (2008)

13. State v. Bogan
200 NJ 61 (2009)

14. State v. Baum
199 NJ 407 (2009)

15. State v. Best 403 NJ. Super. 428 (App. Div. 2008) [cert granted]

16 State v. Amelio
197 NJ 207 (2008)

17. Arizona v Johnson
172 L. Ed. 2d 694 (2009)

18 State v. Bertrand 408 NJ
Super. 584 (App. Div. 2009)

19 State v. Nyhammer
197 NJ 383 (2009)

20 State v. Filson 409 NJ
Super. 246 (Law Div. 2009)

21 State v. Popovich
405 NJ Super. 392 (App. Div. 2009)
22. State v. Pena-Flores
198 NJ 6 (2009)
23 Arizona v. Gant
129 S. Ct. 1710 (2009)

17:29C-9 Intention not to renew, notice required.

2010-03-13T19:40:00.001-08:00

17:29C-9 Intention not to renew, notice required.

4.No insurer shall fail to renew a policy unless it shall mail or deliver to the named insured, at the address shown in the policy, at least 60 days' advance notice of its intention not to renew, except that the commissioner may extend the advance notice period up to an additional 30 days by regulation. This section shall not apply:

(a)If the insurer has manifested its willingness to renew; nor

(b)In case of nonpayment of premium;

provided that, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.

Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal.

17:29C-8. Time for notice of insurance cancellation

2010-03-13T19:31:00.000-08:00

17:29C-8. Time for notice of insurance cancellation
No notice of cancellation of a policy to which section 2 applies shall be effective unless mailed or delivered by the insurer to the named insured at least 20 days prior to the effective date of cancellation; provided, however, that where cancellation is for nonpayment of premium at least 15 days' notice of cancellation accompanied by the reason therefor shall be given. Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than 15 days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation.

This section shall not apply to nonrenewal.

17:29C-7.1. Refusal to renew insurance, conditions

2010-03-13T19:23:00.001-08:00

17:29C-7.1. Refusal to renew insurance, conditions

26. a. Notwithstanding the provisions of section 3 of P.L.1972, c.70 (C.39:6A-3), a licensed insurer may, in accordance with subsections b. and c. of this section, refuse to renew a policy of private passenger automobile insurance that provides coverage required to be maintained pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.), except that no insurer shall refuse to renew a policy pursuant to subsections b. and c. of this section:

(1) in an amount in excess of 20% of the entire private passenger automobile insurance book of business of any one producer in force with the insurer at the end of the previous calendar year. For purposes of this paragraph, "producer" means a person licensed pursuant to P.L.1987, c.293 (C.17:22A-1 et seq.), who earned $10,000 or more from the insurer in the prior calendar year; and

(2) unless the insured or operator insured under the policy in the five years immediately preceding renewal has had at least two of the following or any combination thereof: (a) an at-fault accident; or (b) a moving violation which was assessed at least four automobile insurance eligibility points; or (c) had been required, but failed, to maintain coverage mandated by section 4 of P.L.1972, c.70 (C.39:6A-4) without lapse.

b. For each calendar year period, an insurer may issue notices of intention not to renew an automobile insurance policy in the voluntary market in an amount not to exceed 2% of the total number of voluntary market automobile insurance policies of the insurer, rounded to the nearest whole number, which are in force at the end of the previous calendar year in each of the insurer's rating territories in use in this State.

c. For every two newly insured automobiles which an insurer voluntarily writes in each territory during each calendar year period, the insurer shall be permitted to refuse to renew insurance on one additional automobile in that territory in excess of the 2% limitation established by subsection b. of this section, subject to a fair and nondiscriminatory formula developed by rule or regulation of the commissioner. The provisions of this subsection shall only apply to an insurer whose aggregate voluntary market share in an automobile insurance urban enterprise zone is reasonably proportionate to the insurer's voluntary Statewide market share as determined by the commissioner by regulation or in a rating territory in which the insurer demonstrates growth in the aggregate number of in-force exposures.

d. The provisions of this section shall not apply to any cancellation made pursuant to subsection (A) of section 2 of P.L.1968, c.158 (C.17:29C-7).

e. (Deleted by amendment, P.L.1997, c.151.)

f. Nothing in this section shall prohibit an insurer from refusing to renew, in addition to nonrenewals permitted in subsections b. and c. of this section, the policy of any insured who has: (1) provided false or misleading information in connection with any application for insurance, renewal of insurance or claim for benefits under an insurance policy; or (2) who has failed to provide, after written request by an insurer, the minimum information necessary to accurately rate the policy under terms and conditions set forth by the commissioner in regulations .

POLICE CHIEFS / PUBLIC SAFETY DIRECTORS MIDDLESEX COUNTY 2009

2009-11-18T13:21:00.000-08:00

POLICE CHIEFS / PUBLIC SAFETY DIRECTORS MIDDLESEX COUNTY 2009

POLICE Dept. Chief or Director PHONE FAX
Carteret Chief John Pieczyski 732-541-4181 732-541-3867

Cranbury Chief Ed Kahler 609-395-0031 609-395-9216

East Brunswick Director Barry Roberson 732-390-6900 732-390-6970

Edison Chief Thomas Bryan 732-248-7400 732-287-0268

Highland Park Chief Stephen Rizco 732-572-3800 732-572-0258
Jamesburg Chief Martin Horvath 732-521-0011 x205 732-521-1927
Metuchen Chief James Keane 732-632-8500 732-632-8573
Middlesex Boro James Benson 732-356-1900 x222 732-356-7218
Milltown Chief Raymond Geipel 732-828-1100 732-249-5695

Monroe Chief John Kraivec 732-521-0222 732-521-2980

New Brunswick Director Anthony Caputo 732-745-5200 732-565-3602

North Brunswick Director Kenneth McCormick 732-545-3200 732-249-2892

Old Bridge Chief Thomas Collow 732-679-3400 732-607-7937

Perth Amboy Director _____ 732-442-4400 732-442-4492

Piscataway __ 732-562-1100 732-562-2312

Plainsboro Director Richard Furda 609-799-2333 609-275-5987

Sayreville Chief Edward Szkodny 732-727-4444 732-727-5189
South Amboy Chief James Wallis 732-525-5945 732-721-1504
South Brunswick Chief Raymond Hayducka 732-329-4000 732-329-4604

South Plainfield Chief John Ferrero 908-755-0700 908-755-0320

South River Chief Wesley Bomba 732-238-1000 732-613-6103

Spotswood Chief Karl Martin 732-251-2121 732-251-5910

Woodbridge Chief William Trenery 732-634-7700 732-602-7366

Nearby:
Franklin Chief Craig Novick 732-873-2300 732-873-8489

[Police Chief phone & fax numbers Kenneth Vercammen, Esq. Past Chair
Municipal Court Section, NJSBA Non Client G3 [revised 10/14/2009]

KENNETH VERCAMMEN – resume and community involvement

2009-11-14T16:26:00.001-08:00

KENNETH VERCAMMEN – resume and community involvement
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.   He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. Kenneth Vercammen was selected one of only three attorneys as a Super Lawyer 2009 in NJ Monthly in the Criminal - DWI.
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. He has successfully handled over One thousand Municipal Court and Superior Court matters in the past 18 years.

Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court),with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA. He started his career as a trial attorney for Drazin & Warshaw in Hazlet and Red Bank, NJ, and Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl in North Brunswick.

ADMISSIONS: Admitted In NJ, NY, PA, US Supreme Court and Federal District Court

MANAGING ATTORNEY Kenneth Vercammen & Associates, PC March 1990-Present
Full service Law practice with offices in Edison and Cranbury.

PROSECUTOR Township of Cranbury, Middlesex County, NJ 1991-1999
Municipal Prosecutor for criminal and traffic cases involving Township and State Police
-Acting Assoc. Prosecutor: Carteret Municipal Court, Middlesex County, NJ 2000

EDITOR- NJ MUNICIPAL COURT LAW REVIEW 1993- present

Middlesex County Bar Association 2008 Municipal Court Attorney of the Year

NJ State Bar Association- 2005-2006 Municipal Court Attorney of the Year Award

New Jersey Super Lawyers selection 2009, 2008, 2007, 2006

Who's Who in America 2004

NJ State Bar Association- 2002 General Practitioner of the Year Award

1993 AWARD WINNER "Service to the Bar Award"- New Jersey State Bar Association YLD

RELEVANT LITIGATION SPEAKING ENGAGEMENTS:
-Criminal, DWI and Drug Cases- NJ State Bar Annual Meeting 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 01, 00, 99
-Civil Trial Practice- Middlesex Bar 2004
-Personal Injury Litigation- NJ Institute for Continuing Legal Education/ NJ State Bar
2001, 2000,1999,1998,1997,1996,1995,1994,1993,1991
-Municipal Court Handling Serious Cases ICLE/NJSBA-2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002,2001,2000,1998,1997,1995,1994
-NJ Association of Municipal Court Administrators 2002
-Edison Police Auxiliary- Search and Seizure 2002
-New Jersey Network TV- Due Process TV show 2000
-Cablevision TV- Law on the Line 2003, 2001
-Elder Law and Probate NJSBA/ ICLE 2009, 2008, 2007, 2006, 2005, 2004, 03,02,01,99,98,97,96

PUBLICATIONS:
Published 150 separate Law Review and Legal Periodical articles in legal journals such as New Jersey Law Journal, American Bar Association Barrister, New Jersey Lawyer, ABA Law Practice Management, and New Jersey State Bar Association's Dictum. Listed on www.njlaws.com.

KENNETH VERCAMMEN, ESQ.

RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE
East Brunswick Adult School 2009, 2008
Middlesex County Police Chiefs 2009- Living Wills
Middlesex County College- Wills & Probate 2007
Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
- Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
-Elder Law and Estate Planning- American Bar Association New York City 2008, Miami 2007
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Hall's Corner 2002;
-Linden AARP 2002
-Woodbridge Adult School -Wills and Estate Administration -2001, 2000,1999,1998,1997,1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
-Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
-Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
-AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005
-Senior Legal Points University of Medicine & Dentistry UMDNJ & St. Peter's-2000, 1999,1998
-East Brunswick AARP Wills 2001; -Iselin/ Woodbridge AARP Wills 2000
-Metuchen Reformed Church; Franklin/ Somerset/ Quailbrook Seniors 2001
-North Brunswick Senior Day 2001
-Wills, Elder Law and Probate-South Brunswick Adult School & Channel 28 TV 1999, 1997,1993
-Wills and Estate Planning-Old Bridge Adult School 1998,1997,1995
-Senior Citizen Law-Perth Amboy YMHA 1995; Temple Beth Or 2002;
-Wills, Living Wills and Probate-Spotswood Community School 1995,1994,1993
-Wills and Probate-Sayreville Adult School 1997, 1996,1995,1994
-Living Wills-New Jersey State Bar Foundation and St. Demetrius, Carteret 1994
-Wills and Estate Planning-Edison Elks and Senior Citizens January 1994
-"Legal Questions Clinic" Metuchen Adult School March 1995,1994,1993
-Estate Planning to Protect Families-Metuchen Chamber of Commerce April 1993

SPECIAL ACTING PROSECUTOR: Woodbridge, East Brunswick, Metuchen, South Brunswick, Perth Amboy, Cranbury, South Plainfield, Clark, South River, Hightstown, Carteret, Jamesburg, Berkeley Heights on conflict matters. Past President- Middlesex Municipal Prosecutor's Association. Previous experience with the Delaware County, Pennsylvania District Attorney Office, Middlesex County Probation Department and Scranton District Magistrate Office.

Metuchen Public Defender 2001- present Edison Public Defender 1990-1991

KENNETH VERCAMMEN- Community Service

NON- PROFIT: -Edison Elks-Presiding Justice 1993- Present
-Y.B. CHOI TAE KWON DO (Korean Karate)- 4th degree Black Belt awarded 2008 3rd degree 2004 ; 2nd degree December 1993, 1st degree Black Belt December 2001
-Raritan Valley Road Runners- Comeback of the Year Award 2002 and ranked Master Distance Runner; state champion 20,000 meter team 2005

New Jersey State Age Group Champion Garden State Games 5,000 meter run 1993
-Bishop Ahr/St. Thomas Aquinas H.S. Alumni Society
Elected Vice-President 1989-1990; Class of 1977- 25 year Reunion Chair
-Edison 14th District Committeeman Elected 1988-1994
-St. Francis Cathedral- Church Lector 1990-1994
-University of Scranton, North Jersey Alumni Chapter Co-Chair, Fall Social 1988
-Knights of Columbus-Fourth Degree Knight, Edison Council
Edison NJ Essay Contest Chair 1992,1993
Metuchen Chamber of Commerce, Past member Edison Chamber of Commerce;
RUNNING:
Raritan Valley Road Runners RVRR Rumson HashHouse Harriers
Central Jersey Road Runners CJRR Jersey Shore Triathlon Club JSTC
Freehold Area Running Club FARC Scranton Area Organization Runners SOAR
Jersey Shore Running Club JSRC USATF- US Athletic Track & Field
Sandy Hook Triathlon Club First Place- Bergen Bar 5k Law Day Run May 2001 South Brunswick Running Group- President First Place- CJRR Summer 5K 2002
First Place: Cocoa Beach 2 mile 2008, 2007; Cranford Run for Lupus 4 mile 2006, JSRC Twilight run 2006. Indian Trials Middletown 3m 2005,2004; Stroudsburg 5k 2005, 2004; Wildwood 5k, Ocean Winter 4 mile, Edison Lannie 5k, 2004; Washington DC Run for Justice 5K 2002
CJRR Age group champ 2005,2004, 2002, 1996, 1995
New York Marathon top 100 NJ Finisher

ACTIVITIES: Married 1989, one son born 1991, daughter born 1994
Weekend Road Running Races, Triathlons, Soccer
Tae Kwon Do Karate

SOUTH BRUNSWICK AREA
Summer Blast/Ireland Brook Neighborhood Sponsor
So. Brunswick Soccer Asst. Coach Travel 2007, 2006, 2005, 2004, 2003, 2002, 2001, 2000, 1999, 98
So. Brunswick Athletic Assoc.-Team Sponsor and helper with son's team
So. Brunswick Viking 5k- volunteer
South Brunswick 5K running Race volunteer
So. Brunswick Bicentennial Volunteer
Neighborhood Picnic Sponsor 1998-2009
So. Brunswick 50 Mile Bike Volunteer and 50 mile Finisher
Holt for Congress Volunteer

CHARITABLE: American Cancer Society-Chairman
Annual Summer Fundraiser Picnic- 1987,88,89,90,91,92
Chairman, Annual Christmas Fundraiser- 1987,88,89,90,911,92
Recipient-Young Professionals Award-Sept. 1988, Sept. 1989
Board of Manager's - 1989-1994 Founder and Chair-Young Professionals Group

KENNETH VERCAMMEN, ESQ. Education & Awards

LEGAL EDUCATION: The Widener/ Delaware Law School, J.D., May 1985
Class Rank: Top Ten Percent
Awards: Honor Grades: Federal Income Tax, Business Organization, Criminal Law, Advanced Advocacy, Family Law, New Jersey Practice, Unfair Trade Practices, Professional Liability.
Outstanding Service Award Recipient in Graduation Ceremony
Delaware Merit Scholarship - 1983, 1984
Provincial Winner - Phi Delta Phi Legal Honor Fraternity Graduate of the Year Award
Who's Who in American Law Schools

ACTIVITIES:
Law Review- Senior Staff-Member
Harvard Journal of Law and Public Policy, Senior Editor 1984-1985
Winner - Sixth Annual Trial Advocacy Competition
First Prize - Delaware Law School/ATLA Environmental Law Essay Contest
Delaware Law Forum, Casenote Editor

Working Scholar- Hon. Philip Gruccio, Assignment Judge of Atlantic, Cumberland, Cape May, Salem Counties
Association of Trial Lawyers of America, Delaware Chapter Treasurer
Law School Running Club - President
Research Assistant - Dean Arthur Weeks
Publications- Published in Law Review and wrote more articles than 75% of law faculty members

PRELEGAL EDUCATION: University of Scranton B.S., January 1981
Major: Political Science: Graduated Cum Laude in 3-1/2 years
Honors:
- Cited in Who's Who in American Colleges and Universities;
- Dean's List; Pi Gamma Mu Honor Society; Pi Sigma Alpha Honor Society.
- Varsity Cross- Country - Team Captain and Record Holder of Indoor Half-Mile
- District Magistrate Thomas Hart- Paid Law Clerk/ Executive Assistant
- Pre-Law Society Public Relations Director
- Voter Registration Drive Coordinator
- Internship with Pa. Representative Hon. Fred Belardi
- School Newspaper Staff and Sportswriter
- WYRE radio station sports caster
- 3rd Place Wrestling Tournament
- Campus Bowl Intellectual Competition (Team Captain)
- Trustee Day Volunteer, Red Cross Blood Drive Volunteer
- Senior Class - Hard Rockers Social Committee Chair
-Alumni Society-Estate Planning Council 1997-Present
- Class of 1981 20 year Reunion Executive Committee member 2001 -25 Year Reunion Co-chair

KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
The American Bar Association is the largest voluntary professional organization in the world with more than 400,000 members

AMERICAN BAR ASSOCIATION - National Appointments:

General Practice Solo & Small Firm Division
-Estate Planning, Probate & Trust Committee- Chair 2008-2009, 2006-2007
-Elder Law Committee Chair 2005- present, Vice Chair 1996-1999
- Criminal Law Committee Deputy Chair 2006-present
- Tort, Personal Injury and Insurance Committee Chair 2005- 2006
-Deputy Chair and Newsletter Editor-GP Marketing Legal Services Committee 1993 -1996
- Probate & Estate Planning Committee- Newsletter Editor & Vice Chair 1997-1999, Vice Chair 2005
-Litigation Committee Member 1993 - present

BUSINESS AND AMERICAN BAR ASSOCIATION SPEAKING ENGAGEMENTS:
-Elder Law, Estate and Probate ABA Chicago Annual Meeting
-Elder Law and Probate New York City 2008 Annual Meeting
- Improving Your Elder Law & Estate Practice San Francisco, CA 2007
-Elder Law and Estate Planning- ABA Miami 2007
-Elder Law Practice, New Ethical Ideas to Improve Your Practice for Clients ABA Hawaii 2006
-Marketing Success Stories ABA Toronto 1998
-Opening a Business-Sayreville Adult School 1997,1996,1995
-Olympians of Marketing- ABA Annual Meeting-Orlando, Florida 1996
-Unique Marketing Techniques & Client Relations III ABA Annual Meeting-Chicago 1995
-Starting a Business-Brooklyn Bar Association 1995,1994
-Personal Marketing & Relations - 1995 Miami ABA meeting LPM Personal Marketing Skills IG
co-sponsored by four Major National Bar Sections and committees
-How to Start a Practice-1994 New Orleans ABA Annual Meeting LPM primary sponsor
-1993 New York Annual Meeting "Marketing for Small Firms"

LAW PRACTICE MANAGEMENT SECTION ABA- LPM
-Co-Chair with Jay Foonberg-ABA LPM Personal Marketing Skills Group 1998,1997,1996,1995,1994
-Speaker at many ABA Annual Meetings
-National Liaison and ex-officio member of Law Practice Management Section Council 1993 - 1995
-National Chair - Law Practice Management Committee YLD 1992-1993
-Chair and Newsletter Editor-Marketing Legal Services Committee 1996-1997,1999-2000
ABA Attendance at Leadership Conferences and participation at following Annual and Sectional meetings: Chicago 2009, New York 2008, Philadelphia GP 2007, San Francisco 2007, Washington GP 2007, Miami 2007, Hawaii 2006, Philadelphia LPM 2005; Washington DC 2002; Philadelphia 2002; London 2000, New York 2000, Atlanta 1999, Beverly Hills 1999, Cancun LPM 1998, Naples-LPM 1997; Captiva 1996, Orlando 1996, Coronado LPM 1995, Chicago 1995, Miami 1995, Washington D.C. GP 1995, Vancouver LPM 1995, New Orleans 1995, Napa, CA LPM 1994, Colorado LPM 1993, New York 1993, Boston 1993, San Francisco 1992, Cleveland GP 1992, Scottsdale AZ 1991, Los Angeles 1990, Hawaii 1989, Philadelphia 1988, Toronto 1988, New York City 1986, Washington DC 1985

KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
New Jersey State Bar Association- Municipal Court Section Chair 2003-2004, Vice Chair 1999-2002; Chair of Municipal Court Education Committee 1996-Present
Middlesex County Bar Association Chair Municipal Court Practice Committee 1997-2008
County Bar Board of Trustees 2000- 2006

New Jersey State Bar Association -General Practice Section-Board of Directors 1995- Present

ADJUNCT PROFESSOR Middlesex County College
Edison, NJ February, 2001-April, 2001; Jan. 1990-May, 1991
Instructor of "Criminal Law and Procedure" and Business Law. Taught college students the elements of crime and the criminal procedure system. Explained the incidents before and after trial and analyzed the impact of the Constitution on crimes and criminal procedures.

New Jersey Superior Court - Certified Mediator 1997-

New Jersey Supreme Court Committee on Municipal Courts 2000-2005

Other Speaking
-Update of Municipal Court-NJSBA Annual Meeting Atlantic City 1999,1997, 95, 94
- Cranbury Twp Municipal Alliance Against Substance Abuse 2004, 2002
-ATLA-NJ - New Jersey Courts 1991
-Intoxicated Driver Resource Center/IDRC - DUI Law 1999, 1991
-Preventing the Impaired Driver-Coalition Against Impaired Drivers 1992
-Winning Lawsuit Threshold Cases NJSBA 1992
-WCTC Radio Mid-Day Legal Advisor - Criminal and Traffic Laws 1991 and 1990
-Computers in Litigation-NJSBA Law Office Management 1994
-Self Defense Law in New Jersey - Cranbury Police Dept. 1997,1993,1992

Self Defense and Home Protection - Speaker - New Brunswick Crime Watch - 1989
-Wills and Power of Attorney 1991 Edison Democratic Association
Defending Speeding Cases - New Jersey State Bar Association/NJSBA - 1989
-Family Law & Domestic Violence Trial Practice NJ State Bar Association 1995,1994,1993
-Automobile Insurance - Middlesex County College - 1990
-Criminal & Juvenile Courts Piscataway Vo Tech – 1990
-Living Wills-Dean Witter and Nordstroms, Menlo Park Mall October 1992; Trusts and Living Wills-Dean Witter, Metro Park, June 1992; Estate Planning-North Brunswick Republican Club May 1992;

Make a Wish Foundation- Co Chair 19th Annual Summer Blast 1994 in Belmar, NJ
Co Chair Christmas Fundraiser 1993
Jersey Shore Medical Center Chair-18th Annual Summer Blast to Benefit the Jersey Shore Regional
Trauma Center at Bar Anticipation, Belmar 1993
American Red Cross Elected to Board of Directors 1988-1991

Fines and Penalties of Common Motor Vehicle Offenses

2009-09-07T18:35:00.001-07:00

NOTICE TO THE BAR
Fines and Penalties of Common Motor Vehicle Offenses
Published with this notice is a revised schedule of Fines and Penalties of
Common Motor Vehicle Offenses (formerly the “Minimum Mandatory Fines and
Penalties Schedule”). The schedule includes only selected offenses commonly charged
under Title 39 of the New Jersey Statutes, not all chargeable motor vehicle offenses.
Please note that court costs and mandatory assessments are not included in the fine
amounts. The revisions are current through October 2008.
The schedule is being provided for the convenience of municipal court
practitioners. This is the first revision of the schedule since August 2004.
This notice and the appended schedule also will be posted on the Judiciary’s
Internet website (www.njcourtsonline.com).
/s/ Glenn A. Grant
_____________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: December 2, 2008
Fines and Penalties of Common Motor Vehicle Offenses
This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and does not
contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing any
sentence.
The fines listed here DO NOT include court costs, so you may add court costs up to a maximum of $33.00, $5.50 of which may not be
suspended. See N.J.S.A. 22A:3-4. The listed fines also do not include the assessments found in N.J.S.A. 39:5-41, which, as of the date
of this schedule, total $6.00. Reference should be made to this statute to determine the correct amount of the assessments, at the time of
sentencing.
If the "VCCA" box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Agency
assessment of $50 in accordance with N.J.S.A. 2C:43-3.1. Similarly, if the "Safe Neigh." box is checked, the offense is subject to the
mandatory Safe Neighborhood assessment of $75 in accordance with N.J.S.A. 2C:43-3.2.
If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an area which
has been designated as having a speed limit of 65 miles per hour. N.J.S.A. 39:4-98.6. Similarly, if the "Con. Zone/Safe Cor" box is
checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in a
designated safe corridor. N.J.S.A. 39:4-203.5.
October, 2008
In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any offense
found in subtitle 1 of Title 39, N.J.S.A. 39:1-1 to 39:5G-1. See N.J.S.A. 39:5-31.
If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule. REMEMBER
that the payable amounts listed in the Violations Bureau Schedule DO include court costs and assessments, so court costs and assessments
should never be added to the payable amount.
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-6.13(a) Registration card of
apportioned vehicle not in
vehicle
39:3-6.17 $500 $500
Tuesday, October 14, 2008 Page 1 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-9a Failure to notify change in
name
39:3-86 Fine or imprisonment not
exceeding 15 days, or both
$25 $500
39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not
exceeding 15 days, or both
$25 $500
39:3-10 Driving without a license
where offender has never
been licensed in N.J. or
elsewhere
Fine or imprisonment for not more
than 60 days and no license to
issue for at least 180 days
$200 $500
39:3-10 Driving without a license
where the offender has
been licensed in NJ or
elsewhere
Fine or imprisonment in the county
jail for not more than 60 days
None $500
39:3-10.18(a) Failure to possess valid
commercial driver’s license
Fine or imprisonment up to 60
days, or both
$250 $500
39:3-10.18(b) Driving a commercial
vehicle after driver's
license has been
suspended
1) Fine or imprisonment up to 90
days, or both
2) If accident with personal injury
to another occurs while violating
this section, 90 days
imprisonment, $5000 fine and
suspension of commercial driving
privileges in accordance with
N.J.S.A. 39:3-10.20(f)
$500 $5000
39:3-10.24 Refusal to consent to
taking samples of breath
after arrest for operating
commercial vehicle under
the influence pursuant to
N.J.S.A. 39:3-10.13
First offense: Fine and six month
revocation of driver's license, and
satisfy the requirements of a
program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
39:3-10.24 Refusal to consent to
taking samples of breath
after arrest for operating
commercial vehicle under
the influence pursuant to
N.J.S.A. 39:3-10.13
Subsequent offense: Fine and 2
year revocation of driver's license,
and satisfy the requirements of a
program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
Tuesday, October 14, 2008 Page 2 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-12 Illegal securing of driver’s
license
Fine or imprisonment for not less
than 30 days nor more than 90
days, or both
$200 $500
39:3-13.2a Violation of conditions of
the special learner's
permit, other than
conviction of alcohol or
drug related offense
39:3-13.8 $100 $100
39:3-20(e) Weight in excess of
limitation permitted by
certificate of registration for
commercial vehicles
Plus $100 per 1000 lbs. or fraction
thereof of excess weight
$500 none
39:3-20.1 Misuse of registration of
empty trucks
39:3-20.2 Fine and suspension or revocation
of the privilege
$25 $100
39:3-27.11 Misuse of fire department
or first aid squad plates
39:3-27.12 $25 $50
39:3-27.17 Misuse of disabled veteran
plates
39:3-27.18 $25 $50
39:3-27.21 Misuse of commuter van
plates
39:3-27.22 $25 $50
39:3-27.27 Misuse of street rod plates $25 $50
39:3-29 Failure to exhibit
documents
If person can exhibit card to judge,
then judge can dismiss but can
impose costs
$150 $150
39:3-29 Failure of omnibus driver to
exhibit documents
If person can exhibit card to judge,
then judge can dismiss but can
impose costs
$250 $250
39:3-29.8(a) Display/poss fictitious ID 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(b) Lend I.D. card to another 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
Tuesday, October 14, 2008 Page 3 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-29.8(c) Display/represent ID card
not issued to him/her
39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(d) Permit unlawful use of ID
card
39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(e) Utilization of ID card for
forbidden acts
39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(f) Reproduction of I.D. cards 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(g) Alteration of I.D. cards 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-35 Lending or misusing
registration certificate or
plates
$25 $50
39:3-37 Falsifying application on
examination
Fine or imprisonment for not more
than 6 months, or both
$200 $500
39:3-38 Counterfeiting plate or
marker
Fine or revocation of driver’s
license not exceeding 6 months
$50 $100
39:3-38 Using other than issued
marker
$25 $50
39:3-40 Driving when license
refused, suspended,
revoked or prohibited
(See attached chart at the end of
the schedule)
39:3-47(c) No altering equipment to
defeat inspection
39:3-79 None $25
39:3-54.7 Unauthorized person
operating emergency lights
39:3-54.13 None $200
Tuesday, October 14, 2008 Page 4 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-54.10 More than 2 emergency
warning lights on vehicle
39:3-54.13 Privilege to operate emergency
warning lights may be suspended
or revoked
None $100
39:3-64(c) Warning signal required for
disabled vehicle
39:3-79 None $25
39:3-66 Maintenance of lamps,
reflectors, etc.
39:3-79 None $25
39:3-69 Horns and audible warning
devices
39:3-79 None $25
39:3-70 Mufflers 39:3-79 None $25
39:3-70.2 Air pollution from motor
vehicles and school buses
Fine is per day/per vehicle $250 $1000
39:3-71 Mirrors 39:3-79 None $25
39:3-72 Tire Equipment 39:3-79 None $25
39:3-74 Windshields must be
unobstructed and equipped
with cleaners
39:3-79 None $25
39:3-75 Safety glass 39:3-79 None $25
39:3-76.2 Sale or operation of vehicle
without safety belts
39:3-79 None $25
39:3-76.2a Restraint or booster seat
for child under age 8
39:3-76.2d Fine shall be suspended if
defendant can prove possession
and use of approved restraint
$10 $25
39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20
39:3-76.5 Failure to equip
motorcycles with
permanent seat and
footrests for passenger
$50 $100
Tuesday, October 14, 2008 Page 5 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-79.8 Prohibition of supplying
fuel to vehicle without label
First offense (penalty may be
collected in accordance with
N.J.S.A. 2A: 58-10 et seq.)
$25 $25
Subsequent offense (penalty may
be collected in accordance with
N.J.S.A. 2A:58-10 et seq.)
$50 $50
39:3-80 Vehicle with inferior tires First offense $50 $100
Subsequent offense $100 $200
39:3-81 Tires fitted with projections Penalty may be collected in
accordance with N.J.S.A. 2A:58-
10 et seq.
$25 $50
39:3-84.3(i) Violation of dimensional
limitations
$150 $500
39:3-84.3(j) Violation of weight
limitations
Fine an amount equal to $0.02 per
pound for each pound of the total
excess weight provided the total
excess weight is 10,000 Ibs. or
less, or shall be fined an amount
equal to $0.03 per pound for each
pound of the total excess weight
provided that the total excess
weight is more than 10,000 lbs.,
but in no event should the fine be
less than $50
$50 none
39:3-84.3(l) Violation of designated
routes
First offense none $400
Second offense $700 $700
Subsequent offense $1000 $1000
39:3B-25 School bus driver using
cell phone
$250 $500
39:3C-17(a) Operating snowmobiles/all
terrain vehicles on limited
access highway
39:3C-28 $100 $200
Tuesday, October 14, 2008 Page 6 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-14.4 Sale of bike without
reflectors
39:4-14.8 First Offense None $50
Subsequent Offense $100 $100
39:4-14.10(e) Failure to wear helmet
while operating electric
personal assistive mobility
device violations
39:4-14.11 First offense: Warning none none
39:4-14.11 Second offense $10 $10
39:4-14.11 Third or subsequent offense,
requires court to impound the
device for not more than 30 days.
A person who fails to comply with
the requirements governing
warning notices shall be fined not
more than $100 for each violation.
none none
39:4-36 Driver to yield to
pedestrian at crosswalk
Fine or imprisonment not to
exceed 15 days
$100 $100
39:4-48 Operating or using a
vehicle without consent of
owner
$100 none
39:4-49 Tampering with vehicle First offense $10 $50
Subsequent offense: Fine or
imprisonment not exceeding 30
days, or both
$50 $100
39:4-49.1 Operation of a motor
vehicle while in possession
of controlled dangerous
substance
Fine and 2 years suspension of
driver’s license
$50 none
39:4-50 Operating under the
influence
(See attached chart at the end of
the schedule)
39:4-50.4a Refusal to undergo
breathalyzer test
(See attached chart at the end of
the schedule)
Tuesday, October 14, 2008 Page 7 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-50.14 Operation of motor vehicle
by person whose blood
alcohol is between .01%
and .08% and is under the
legal age to purchase
alcoholic beverages
Loss of license for not less than 30
days nor more than 90 days and
perform community service for not
less than 15 days nor more than
30 days. In addition, must satisfy
program and fee requirements of
the IDRC or participate in a
program of alcohol education and
highway safety. Penalties shall be
in addition to the penalties which
the court may impose under
N.J.S.A. 2C:33-15, N.J.S.A. 33:1-
81, N.J.S.A. 39:4-50, or any other
law
39:4-50.15(b) Parent driving while
intoxicated with child in car
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:4-50.19(b) Circumventing interlock
device
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:4-51a Consumption of alcoholic
beverage by operator or
passenger
First offense $200 $200
Second or subsequent offense:
Fine or 10 days community service
$250 $250
39:4-51b Possession of open
container of alcohol in
passenger compartment
First offense $200 $200
Subsequent offense: Fine or
community service for 10 days
$250 $250
39:4-52 Racing on highway First offense $25 $100
Subsequent offense $100 $200
39:4-53 Leaving vehicle with
engine running
$10 $25
39:4-56 Delaying traffic 39:4-203 Fine and imprisonment for a term
not exceeding 15 days
None $50
Tuesday, October 14, 2008 Page 8 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-56.1 Willful abandonment of
motor vehicle to obstruct
traffic
39:4-56.2 Fine and suspension of driver’s
license not less than 1 year nor
more than 5 years
$200 $500
Subsequent offense: Fine and
suspension of driver's license for 5
years
$500 $1000
39:4-56.5 Abandonment of motor
vehicle
First offense: Fine and license or
driving privileges may be
suspended or revoked by
Administrator of MVC for not more
than 2 years
$100 $500
Subsequent offense: Fine and
license or driving privileges may
be suspended or revoked by
Administrator of MVC for a period
of not more than 5 years
$500 $1000
39:4-56.8 Failure of towing service to
tow disabled vehicle
$25 $50
39:4-63 Placing, throwing, or
depositing injurious
substances on highway
Fine and may forfeit right to
operate a motor vehicle for 30 days
$100 $500
39:4-64 Throwing or dropping
debris from a vehicle
$200 $1000
39:4-66.2 Operation of motor vehicle
on public or private
property to avoid traffic
signal
Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-67 Obstructing passage of
vehicles
39:4-203 Fine and imprisonment for a term
not exceeding 15 days, or both
None $50
Tuesday, October 14, 2008 Page 9 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-76 Driving overweight vehicle
on interstate bridge
$0.02 per pound for each pound of
excess weight if the excess does
not exceed 10,000 pounds, and
$0.03 per pound for each pound of
excess weight if the excess weight
exceeds 10,000 pounds, but in no
event less than $50.00. In
addition, the owner of the vehicle
shall be responsible for damages
to the bridge
$50 none
39:4-77.1 Snow or ice falling off
moving vehicle- noncommercial
vehicle
$200 $1000
39:4-77.1 Snow or ice falling off
moving vehiclecommercial
vehicle
$500 $1500
39:4-80 Failure to obey directions
of officer
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-81 Failure to obey traffic
control device
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-82 Failure to keep right 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-82.1 Failure to drive on righthand
roadway
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-83 Failure to keep to right at
intersection
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-84 Failure to pass to right
when proceeding in
opposite direction
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-85 Failure to pass to left when
overtaking
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-85.1 Wrong way on one-way
street
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
Tuesday, October 14, 2008 Page 10 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-86 Failure to overtake and
pass properly
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-87 Failure to give overtaking
vehicle right of way
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-87.1 Failure to yield to bus 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-88 Failure to drive properly in
marked lanes
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-89 Following vehicle too
closely
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-90 Failure to yield right of way
at intersection
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-90.1 Entering or leaving limited
access highways
improperly
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-91 Failure to yield right of way
to emergency vehicles
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-92 Failure to pull over for
emergency vehicles and
following an emergency
vehicle too closely
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-92.1 Following fire department
vehicle too closely back to
fire station
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-94 Train unnecessarily
blocking highway
39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-96 Reckless driving First offense: Fine or
imprisonment not exceeding 60
days, or both
$50 $200
Second or subsequent offense:
Fine or imprisonment not
exceeding 3 months, or both
$100 $500
Tuesday, October 14, 2008 Page 11 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-97 Careless driving 39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-97a Motor vehicle operation
causing property damage
39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-97.1 Slow speed as to block
traffic
39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-97.2 Operating a motor vehicle
in an unsafe manner,
endangering persons or
property
First offense; $250 surcharge $50 $150
Second offense; $250 surcharge $100 $250
Third or subsequent offense; $250
surcharge
$200 $500
39:4-97.3 Operating a motor vehicle
while using a cell phone
39:4-97.3(d) If used as an alternative in a plea
agreement, then same as penalty
for N.J.S.A. 39:4-97.2
$100 $100
39:4-98 Speeding 39:4-104
39:4-98.7
Fine or imprisonment not
exceeding 15 days, or both when
guilty. Fine doubled when driving
20 mph over speed limit or 10 mph
over in a 65 mph zone
$50 $200
39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-116 Failure to make proper turn
at arrow
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-117 Special pedestrian interval;
pedestrian violation
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-117 Special pedestrian interval;
motorist violation
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
Tuesday, October 14, 2008 Page 12 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-119 Failure to observe flashing
traffic signals
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-120.9 Motorists required to obey
traffic control device at
public-private intersection
39:4-120.10
39:4-203
Fine or improsonment for a term
not exceeding 15 days, or both
$50 $200
39:4-122 Failure to obey whistle of
police officer
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-124 Failure to turn as indicated
by buttons or markers at
intersection
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-125 U-Turn on curve or grade
where view obstructed or
"No-U-Turn" sign
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-126 Failure to signal before
starting, turning or stopping
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-127.1 Failure to stop at railroad
crossings
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-127.2 Failure to stop at
approaches to movable
span bridges
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-128.1 Passing school bus while
picking up or discharging
First offense: Fine or
imprisonment not exceeding 15
days or 15 days community
service, or both
$100 none
Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 none
Tuesday, October 14, 2008 Page 13 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-129(a) Leaving the scene of
accident involving injury or
death
First offense: Fine or 180 days
imprisonment, or both, and
suspension of driving privileges for
1 year from date of conviction.
Imprisonment shall be imposed
only if death or injury to another
person
$2500 $5000
Subsequent offense: Fine or 180
days imprisonment from date of
conviction, or both, and permanent
forfeiture of driver's license.
Imprisonment shall be imposed
only if death or injury to another
person
$2500 $5000
39:4-129(b) Leaving the scene of
accident involving
damages to attended
vehicle or property
First offense: Fine or
imprisonment not exceeding 30
days, or both, and suspension of
driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 90 days, or
both, and suspension of driving
privileges for 1 year from date of
conviction
$400 $600
39:4-129(d) Leaving the scene of
accident involving
damages to unattended
vehicle or property
First offense: Fine or
imprisonment not exceeding 30
days, or both, and suspension of
driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 90 days, or
both, and suspension of driving
privileges for 1 year from date of
conviction
$400 $600
39:4-130 Failure to report accident $30 $100
Tuesday, October 14, 2008 Page 14 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-132 Failure of repairman to
report damages
Fine or imprisonment not less than
30 days nor more than 90 days, or
both
$100 $500
39:4-144 Failure to obey "Stop" or
"Yield Right of Way" signs
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-207.9 Failure to maintain
handicapped parking space
$500 $1000
39:4-208 Improper traffic & parking
on State property
39:4-209 $1 $15
39:4-208 Altering, conterfeiting or
misuse of State parking
permits
39:4-209 none $50
39:5C-1 Racing or making speed
records
First offense; disorderly persons
offense
$25 $100
Subsequent offense: Fine or
imprisonment for not more than 90
days or both; disorderly persons
offense
$100 $200
39:6B-2 Failure to carry motor
vehicle insurance coverage
First offense: Fine and a period of
community service as determined
by the court, and suspension of
driving privileges for 1 year
$300 $1000
Subsequent offense: Fine and
shall be subject to 14 days
imprisonment, and 30 days
community service and
suspension of driving privileges for
2 years from date of conviction
none $5000
39:8-18 Affixing approval sticker
without re-inspection or
conformity to standards
First offense: Fine and suspension
of re-inspection center’s license
for at least 1 year but not more
than 3 years
$1000 $1500
Subsequent offense: Fine and
permanent revocation of
reinspection center's license
$2000 $3500
Tuesday, October 14, 2008 Page 15 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:8-48 Private agency affixes
certificate without motor
vehicle inspection
Possible suspension of facility
license for a period of not less
than 6 months
$500 None
39:9-2 Commercial driver
exceeding maximum
permitted on-duty hours
39:9-4 First offense: If default in payment
of fine, defendant shall be
imprisoned for not more than 5
days
$25 $25
Subsequent offense: If default in
payment of fine, defendant shall
be imprisoned for not more than
10 days
$50 $50
39:10-10 Failure to deliver certificate
of ownership
$25 $25
39:10-11(a) Fail to submit evidence of
purchase to director
39:10-20 First offense None $500
Subsequent offense: Suspend
driver's license for less than
unexpired term or revoke
None $1000
39:10-12 False application for a
duplicate certificate of
ownership
Fine or imprisonment not
exceeding 30 days, or both
$200 $500
39:10-26 Motor vehicle dealer selling
vehicle that does not meet
standard
39:10-30
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:10-27 Seller of used vehicle fails
to make repair
39:10-30
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:10B-2 Identification of motor
component parts: Violation
of record maintenance
requirements
Fine or imprisonment not
exceeding 90 days, or both.
$25 $100
39:11-3 Operating a junk yard
without a license
39:11-11 Fine or imprisonment not
exceeding 90 days, or both
$25 $100
Tuesday, October 14, 2008 Page 16 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:11-9 Failure of junk yard owner
to certify the condition of
vehicles sold
39:11-11 Fine or imprisonment not
exceeding 90 days, or both
$25 $100
39:12-2 Operating a driving school
without a license
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
39:12-2.1 Failure of driving school
instructor to receive
required training
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
39:12-5 Driving school employing
an unlicensed instructor
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
39:12-11 Driving school failing to
keep records
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
Tuesday, October 14, 2008 Page 17 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:12-15 Failure to wear seat belts
in driver's school
(instructor and student)
First offense $25 $25
Subsequent offense $50 $50
Tuesday, October 14, 2008 Page 18 of 18
October 6, 2008
Page 1 of 13
N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50(g)
Offense 39:4-50
Driving while intoxicated
1st Offense - BAC 0.08% or - $250 to $400 fine, and
higher, but less than .10% or
observation case - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for a period of 3 months, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation programs either a condition of probation or a form of
community service, and
- may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and
- 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.
1st Offense - BAC 0.10% or - $300 to $500 fine, and
higher or operation under
influence of drugs - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for not less than 7 months nor more than 1 year, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation program as either a condition of probation or a form of
community service, and
October 6, 2008
Page 2 of 13
1st Offense – BAC 0.10% Cont. - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- 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.
- $500 to $1000 fine, and
2nd Offense
- imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on
probation, nor more than 90 days, and
- driver's license suspension for 2 years, and
- community service for 30 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form
of community service, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
shall revoke all registration certificates and registration plates for 2 years, and
- 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.
3rd or Subsequent Offense - $1000 fine, and
- imprisonment not less than 180 days in county jail or workhouse, except that 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
- driver's license suspension for 10 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form
of community service, and
October 6, 2008
Page 3 of 13
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
shall revoke all registration certificates and registration plates for 10 years, and
- 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.
Please Note Please Note: If the second offense 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.
October 6, 2008
Page 4 of 13
Offense 39:4-50(g)
Driving while intoxicated while on school property
1st Offense - $500 to $800 fine, and
- imprisonment not exceeding 60 days, and
- driver's license suspension for not less than 1 year nor more than 2 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- 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.
2nd Offense - $1000 to $2000 fine, and
- imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on
probation, nor more than 180 days, except that the court may lower such term for each day, not
exceeding 90 days, served performing community service, and
- driver's license suspension for 4 years, and
- community service for 60 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- 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.
October 6, 2008
Page 5 of 13
3rd or Subsequent - $2000 fine, and
- imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the
defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient
rehabilitation program approved by the IDRC, and
- driver's license suspension for 20 years to start upon completion of any prison sentence, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- 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.
October 6, 2008
Page 6 of 13
N.J.S.A. 39:4-50.4a
Offense 39:4-50.4a
Refusal to submit to chemical test (penalty provision at N.J.S.A. 39:4-50.4a(a)
1st Offense - $300 to $500 fine, and
- driver's license suspension not less than 7 months or more than 1 year (consecutive to any revocation
imposed under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the
suspension may be concurrent), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $500 to $1000 fine, and
- driver's license suspension for 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50),
and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $1000 fine, and
- driver's license suspension for 10 years (consecutive to any revocation imposed under
N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008
Page 7 of 13
Offense 39:4-50.4a
Refusal to submit to chemical test on school property (penalty provision at N.J.S.A. 39:4-50.4a(b)
1st Offense - $600 to $1000 fine, and
- driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation
imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $1000 to $2000 fine, and
- driver's license suspension for 4 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50),
and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $2000 fine, and
- driver's license suspension for 20 years (consecutive to any revocation imposed under
N.J.S.A. 39:4- 50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008
Page 8 of 13
N.J.S.A. 39:3-40 October, 2008
Note: For all offenses under this statute 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).
Offense 39:3-40
Driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense. (N.J.S.A. 39:3-40(j)).
3rd or Subsequent
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 9 of 13
Offense 39:3-40 (f) (1)
Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more than 30 months, and
- may impose imprisonment not more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- may impose period of imprisonment of not more than 90 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1500 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- imprisonment for not less than 10 days, nor more than 90 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 10 of 13
Offense 39:3-40 (f) (2)
Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
1st Offense
- $1000 fine, and
-driver's license suspension of not less than 12 months, nor more than 30 months, and
-imprisonment of not less than 10 days, nor more than 90 days, and
-revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1)
2nd Offense
-$1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 11 of 13
Offense 39:3-40 (f) (3)
Driving while license suspended in a school zone due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)
1st Offense
- $1000 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 60 days nor more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 120 days nor more than 150 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment for 180 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 12 of 13
Offense 39:3-40 (g)
Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 3rd offense occurs within 5 years of a conviction of 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 13 of 13
Offense 39:3-40(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.
1st Offense
- maximum $100 fine upon proof that the violator has satisfied the parking tickets

N.J.S.A. 39:4-50 and 39:4-50.4a fines

2009-09-07T18:34:00.000-07:00

N.J.S.A. 39:4-50 and 39:4-50.4a
August 9, 2004
Offense
39:4-50
Driving while intoxicated
1st Offense—
BAC 0.08% or higher, but less than .10%
- $250 to $400 fine, and
- IDRC 12 to 48 hours, and
- in court’s discretion, imprisonment not exceeding 30 days, and
- driver’s license suspension for a period of 3 months, and
- VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in supervised visitation program as either a condition of probation or a form of community service, and
- may order installation of an interlock device for not less than 6 months nor more than 1 year, and
- 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.
1st Offense—
BAC 0.10% or higher
- $300 to $500 fine, and
- IDRC 12 to 48 hours, and
- in court’s discretion imprisonment not exceeding 30 days, and
- driver’s license suspension for not less than 7 months nor more than 1 year, and
- VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in supervised visitation program as either a condition of probation or a form of community service, and
- may order installation of an interlock device for not less than 6 months nor more than 1 year, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
1

Driving While Suspended N.J.S.A. 39:3-40

2009-09-07T18:31:00.000-07:00

Driving While Suspended N.J.S.A. 39:3-40
Note: For all offenses under this statute 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). If the accident results in the
death of another person, then the defendant shall be guilty of a crime of the third degree and the defendant's driver's license shall be
suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant
shall be guilty of a crime of the fourth degree and the defendant's driver's license shall be suspended for an additional period of one
year.
Offense 39:3-40
driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment not more than 5 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period
driver's license is suspended (see N.J.S.A. 39:3-40.1)
3rd or Subsequent
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver's
license is suspended (see N.J.S.A. 39:3-40.1)

HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR 2009

2009-09-05T06:57:00.000-07:00

HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
Featuring a discussion on the newly released court rules!

Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel, Mt. Laurel

Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison, Edison (Raritan Center)

Presented in cooperation with the NJSBA Municipal Court Section and
the NJSBA Young Lawyers’ Section

Are you prepared to prosecute or defend your client in new Alcotest cases? Are you familiar with the new & increased penalties for certain offenses?
This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Gain a thorough understanding of Municipal Court practice, procedure, & recent developments...
 • Criminal Case Law and Legislative Update
 • The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues 
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff 
• Recent developments in traffic law, merged traffic tickets and more
 • DWI and Chun 
• A special Q&A session: Ask the Experts

Speakers include:

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates
(at Mt. Laurel & Edison)

HON. ROBERT J. ZANE, III, PJMC
(Camden)
(at Mt. Laurel)

WILLIAM G. BRIGIANI, ESQ.
(at Mt. Laurel & Edison)

ROBERT A. GLEANER, ESQ.
Prosecutor in Audubon and Stratford (Camden County)
(at Mt. Laurel)

JOHN MENZEL, ESQ.
(at Mt. Laurel & Edison)

HON. JOHN J. COYLE, JR. JSC
(Belvidere)
(at Edison)

HON. JOAN ROBINSON GROSS, PJMC
(Union County)
Chair, Supreme Court Municipal Practice Committee (Union County)
(at Edison)

NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)

(at Edison)

New Jersey Institute for Continuing Legal Education  The non-profit continuing education service of:  The New Jersey State Bar Association Rutgers - The State University of New Jerseys Seton Hall University  One Constitution Square, New Brunswick, New Jersey 08901-1520  Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com • Privacy Policy

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

ATTORNEY GENERAL GUIDELINE: PROSECUTION OF DWI / REFUSAL VIOLATIONS

2009-09-05T06:44:00.000-07:00

ATTORNEY GENERAL GUIDELINE:
PROSECUTION OF DWI & REFUSAL VIOLATIONS
DATE: January 24, 2005
Section 3 of P.L.2004, chapter 8,1 included a provision that the Attorney General shall
promulgate guidelines concerning the prosecution of DWI and DWI refusal violations. The
Legislative purpose for these Guidelines is “to promote the uniform enforcement of [the DWI
and refusal statutes.]”
Therefore, pursuant to P.L.2004, c.8, §3, and the authority granted to the Attorney
General of the State of New Jersey by the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et
seq., and N.J.S.A. 2B:12-27, the following Guidelines are issued to All County and Municipal
Prosecutors for the Prosecution of DWI and Refusal Violations.
These Guidelines replace all previously issued memoranda from the Division of Criminal
Justice or the Attorney General, regarding the Standard (Refusal) Statements for DWI refusal,
CDL/DWI refusal and OVWI refusal. Please inform all of the police departments and law
enforcement agencies in your county.
These Guidelines do not, however, replace or rescind any Attorney General Law
Enforcement Directives issued regarding DWI or DWI related subjects. E.g., Attorney General
Attorney General Guideline: Page 2
Prosecution of DWI & Refusal Violations
2
All Attorney General Directives and Guidelines related to DWI enforcement are
available on the Division of Criminal Justice internet web site at www.state.nj.us/lps/dcj or
www.njdcj.org under the headings “AG Directives,” “AG Guidelines,” or “DWI Enforcement.”
Directive No. 2004-1, pertaining to “John’s Law.”2
In the event of future Legislative changes or case law developments, these Guidelines
may be amended or modified to reflect those changes or developments.
In addition, these Guidelines are not intended to supercede or conflict with the Attorney
General Directive, issued Nov. 18, 1998, To: All Municipal Prosecutors, Re: Plea Agreements in
Municipal Courts, or the “Guidelines for Operation of Plea Agreements [R. 7:6-2(d)],” as set
forth by the New Jersey Supreme Court, in the Appendix to Part VII “Practice in the Municipal
Courts,” effective Sept. 1, 2004, of the Rules Governing the Courts of the State of New Jersey, or
with the recently enacted amendment at N.J.S.A. 2B:25-5.1, requiring Municipal Prosecutors to
review motor vehicle abstracts of DWI offenders and present that information to the Court.
Purpose of Guidelines
Consistent with the Legislative mandate these Guidelines have been developed to assist
county and municipal prosecutors in the performance of their prosecutorial duties, pertaining to
individuals charged with violations of the DWI and/or DWI refusal statutes such that these
statutes are enforced in a uniform manner.
Questions by Municipal Prosecutors, regarding these Guidelines are to be directed to the
Municipal Prosecutor Supervisor in the County Prosecutor’s Office. If necessary, the Municipal
Prosecutor Supervisor can then contact the Prosecutors Supervision & Coordination Bureau in
the Division of Criminal Justice with any questions or issues. Municipal Prosecutors and law
enforcement agency personnel, other than the Division of State Police, should not attempt to
contact the Division of Criminal Justice directly. Law enforcement officers with questions
regarding these Guidelines or the interpretation of any case or statute relating to these Guidelines
should contact the County Prosecutor’s Office.
Definitions
These Guidelines apply to the offenses, listed below. Accordingly, references, within
these Guidelines, to a DWI offense, or a DWI refusal offense shall include all of the offenses
referenced below:
! N.J.S.A. 39:4-50: DWI. Operating or allowing another person to operate a
vehicle while intoxicated or with a blood alcohol concentration at, or
Attorney General Guideline: Page 3
Prosecution of DWI & Refusal Violations
3
Chemical breath test or tests, means chemical analysis (N.J.A.C. 13:51-1.2) through the
use of tests administered to a defendant or suspect on an approved instrument (N.J.A.C. 13:51-
1.2, -3.5) by a certified Breath Test Operator (N.J.A.C. 13:51-1.2, 1.7), pursuant to approved
methods of chemical breath testing (N.J.A.C. 13:51-3.6).
4
Under the holding in State v. Reiner, 180 N.J. 307 (2004), “School zone” violations for
DWI, N.J.S.A. 39:4-50, or DWI refusal, N.J.S.A. 39:4-50.4a.b., under “Filomena’s Law,” P.L.
1999, c. 185, §§ 3-5, need to be specifically charged, on the Uniform Traffic Ticket, as N.J.S.A.
39:4-50(g) or N.J.S.A. 39:4-50.2 in a “school zone,” and the State must prove the additional
elements pertaining to a “school zone” for that offense. State v. Reiner, 180 N.J. at 318-9.
above, the per se limit set by the statute.
! N.J.S.A. 39:4-50.4a.a.: DWI refusal. Refusal to submit to chemical breath
testing, in violation of N.J.S.A. 39:4-50.2.3
! N.J.S.A. 39:4-50(g): DWI in a “school zone.”4 Operating or allowing
another person to operate a vehicle while intoxicated or with a blood
alcohol concentration at, or above, the per se limit set by the statute while
on school property used for school purposes owned by or leased to any
element or secondary school or school board, or within 1,000 feet of such
school property or driving through a school crossing designated as such by
ordinance, or driving through a school crossing, knowing that juveniles are
present.
! N.J.S.A. 39:4-50.4a.b.: DWI refusal in a “school zone.” Refusal to submit
to chemical breath testing, in violation of N.J.S.A. 39:4-50.2. while on
school property used for school purposes owned by or leased to any
element or secondary school or school board, or within 1,000 feet of such
school property or driving through a school crossing designated as such by
ordinance, or driving through a school crossing, knowing that juveniles are
present.
! N.J.S.A. 39:3-10.13: CDL/DWI. Operation of a commercial motor vehicle
while under the influence of alcohol or a controlled dangerous substance,
or with an alcohol concentration of 0.04% or more.
! N.J.S.A. 39:3-10.24f: CDL/DWI refusal. Refusal to submit to chemical
breath testing, in violation of N.J.S.A. 39:3-10.24.
! N.J.S.A. 12:7-46: OVWI. Operating or allowing another person to operate
Attorney General Guideline: Page 4
Prosecution of DWI & Refusal Violations
a vessel while intoxicated or with a blood alcohol concentration at, or
above, the per se limit set by the statute.
! N.J.S.A. 12:7-57, OVWI Refusal. Refusal to submit to chemical breath
testing, in violation of N.J.S.A. 12:7-55.
! N.J.S.A. 39:4-50.14, Zero Tolerance law. Operation of a motor vehicle by
a person who has consumed alcohol and has a blood alcohol concentration
of 0.01% or more, but less than 0.08%, and who is under the legal age to
purchase alcoholic beverages.
DWI and DWI Refusal Offenses - Elements
The uniform prosecution of persons charged with a DWI and/or a DWI refusal violation
requires both prosecutors and law enforcement officers to be familiar with the offenses, the
elements of those offenses, and the requisite burdens of proof to establish a violation.
The elements of a violation of the DWI offenses are:
! Operation
! Of a vehicle or vessel
! By a person
! While intoxicated, and/or
! With a blood alcohol or alcohol concentration at, or above, the per se limit
set by the statute.
The elements of a violation of a DWI “school zone” offense (N.J.S.A. 39:4-50(g)) are the
same as a DWI offense with the additional requirement to prove:
! The offense occurred while on school property used for school purposes
owned by or leased to any elementary or secondary school or school board,
or within 1,000 feet of such school property, or driving through a school
crossing designated as such by ordinance, or driving through a school
crossing, knowing that juveniles are present.
The elements of a violation of the DWI refusal offenses are:
! A person
! Was operating a motor vehicle on a public highway, or vessel
! The person was arrested, on probable cause, for a DWI violation
! The person refused to submit to chemical breath testing, after the law
Attorney General Guideline: Page 5
Prosecution of DWI & Refusal Violations
enforcement officer read the Standard New Jersey Motor Vehicle
Commission [NJ MVC] (Refusal) Statement for that offense to that
person.
The elements of a violation of a DWI refusal “school zone” offense are the same as a
DWI refusal offense with the additional requirement to prove:
! The offense occurred while on school property used for school purposes
owned by or leased to any elementary or secondary school or school board,
or within 1,000 feet of such school property, or driving through a school
crossing designated as such by ordinance, or driving through a school
crossing, knowing that juveniles are present.
DWI and DWI Refusal Offenses - Burdens of Proof
Because a DWI violation is treated, by the Court, as a quasi-criminal prosecution, every
element of a DWI offense must meet the evidentiary standard of “beyond a reasonable doubt.”
Romano v. Kimmelman, 96 N.J. 66, 89-90 (1984). In contrast, since a DWI refusal violation is
not treated as a quasi-criminal prosecution, it does not have to meet the higher evidentiary
standard for criminal conduct, beyond a reasonable doubt. The Legislature has determined that
proof of a violation of the DWI refusal statute is satisfied when the State presents evidence
meeting the preponderance of the evidence standard of proof. State v. Leavitt, 107 N.J. 534
(1987); State v. Widmaier, 157 N.J. 475 (1999).
DWI Without a Chemical Breath Test (Observational Offense)
In the case of a DWI violation, case law has long held that the beyond a reasonable doubt
standard can be met based exclusively upon the observational testimony of the arresting officer
that the defendant was operating a motor vehicle while intoxicated or under the influence. This
last element, while intoxicated or under the influence of alcohol or drugs, can be based upon the
officers testimony of his/her observations of the defendant, admissions by the defendant, field
sobriety tests, and the training and/or experience of the officer in dealing with intoxicated
persons. State v. Johnson, 42 N.J. 146, 165-166 (1964); State v. Guerrido, 60 N.J. Super. 505,
510 (App. Div. 1960); State v. Hudes, 128 N.J. Super. 589, 608 (Bergen Cty. Ct. 1974).
Moreover, a DWI conviction can be sustained on both direct and circumstance evidence, State v.
Emery, 27 N.J. 348, 355 (1958), as well as statements by a defendant and observations made by
police officers of defendant's behavior and actions, State v. Nemesh, 228 N.J. Super. 597 (App.
Div. 1988), certif. den. 114 N.J. 473 (1989).
A chemical breath test reading or result is not required to satisfy this aspect of a DWI
violation. Even in cases where the chemical breath test result are unavailable, either as a result of
Attorney General Guideline: Page 6
Prosecution of DWI & Refusal Violations
a refusal, inability to obtain a result, or where the result has been suppressed or otherwise deemed
inadmissible, an observational case can, and should, be capable of standing on its own merits.
A DWI case should not be dismissed by a prosecutor solely on the basis that there is, or
may be, an issue with the chemical breath test readings or results, and such a dismissal does not
fall within the scope of “good cause” under N.J.S.A. 2B:25-5c, or R. 7:8-5. State v. Fox, 249 N.J.
Super. 521, 526 (Law Div. 1991). Requests for a dismissal of a DWI prosecution invokes an
extreme remedy which should be sparingly used. See, State in Interest of D.J.C., 257 N.J. Super.
118, 121-123 (App. Div. 1992) and State v. Sapienza, 202 N.J. Super. 282, 287 (App. Div.
1985), certif. den. 102 N.J. 312 (1985). "Charges based on adequate evidence should not be
dismissed without good cause." IMO Norton & Kress, 128 N.J. 520, 538 (1992).
Even in those cases where the defense asserts a claim based upon a report from an “expert
witness,” a Municipal Prosecutor need not automatically concede that the report, or any
purported testimony from an “expert witness” is, or will be, dispositive in the resolution of the
case. In cases where a breath test reading has been obtained, our Supreme Court has strongly
counseled against the use of expert witnesses, particularly where the evidence does not remotely
suggest there is even a reason to suspect that the breath tests administered to the defendant were
not correct. State v. Downie, 117 N.J. 450, 468 (1990), cert. den. 498 U.S. 819, 111 S.Ct. 63,
112 L.Ed.2d 38 (1990); State v, Tischio, 107 N.J. 504, 517-518 (1987), app. dism. 484 U.S. 1038
(1987); State v. Hammond, 118 N.J. 306, 317 (1990); State v. Lentini, 240 N.J. Super. 330, 334-
336 (App. Div. 1990); State v. Maure, 240 N.J. Super. 269, 283 (App. Div. 1990), aff'd o.b. 123
N.J. 457 (1991). In State v. Johnson, supra, the Supreme Court determined that “[B]reathalyzer
test results are admissible upon a simple certification as to the operability and accuracy of the
[B]reathalyzer instrument used to perform the test. Id. at 171. [The court also] concluded that
expert testimony attacking the accuracy and reliability of [B]reathalyzer tests, while ‘probably
technically still admissible,’ had virtually no probative value. Ibid.” State v. Tischio, 107 N.J. at
517-518.
DWI With a Chemical Breath Test (Per se Offense)
Where a chemical breath test has been administered and results or readings were
obtained, a per se DWI violation can be proven by the State, using the same observations,
described above, and by also introducing the chemical breath test result or reading. The results
or readings obtained from chemical breath testing have been deemed to be admissible, as having
met the beyond a reasonable doubt standard of proof, if the State satisfies the standard of
evidence for the foundational evidentiary criteria of “no greater than clear and convincing
evidence.” Those foundational criteria are: (1) judicial notice of the scientific reliability and
accuracy of the chemical breath test instrument; (2) the Operator was properly trained; (3) the
Instrument was operating properly; (4) the Operator used the instrument in accordance with the
training. State v. Johnson, 42 N.J. at 170-171; Romano v. Kimmelman, 96 N.J. at 73, 86, 87-8,
93, 94.
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Prosecution of DWI & Refusal Violations
(1) Judicial Notice/Scientific Reliability
The issue of judicial notice of the scientific reliability of chemical breath testing
instruments, as a foundational criterion, has been settled, and is essentially no longer an issue in
dispute. See, N.J.A.C. 13:51-3.5(a)(1), and State v. Johnson, 42 N.J. at 170; Romano v.
Kimmelman, 96 N.J. at 82; State v. Tischio, 107 N.J. at 516, n.5, 517-8, 520; State v. Downie,
117 N.J. at 453, 457, 466-469 for photometric instruments [Breathalyzer®]. See, N.J.A.C. 13:51-
3.5(a)(2), and State v. Foley, et al., 370 N.J. Super. 341, 348, 351, 359 (Law Div. 2004) for infra-
red and electrochemical instruments, when used as a dual system of chemical breath testing
[Alcotest® 7110 MKIII-C]
(2) Operator properly trained
In general, proof of the status of a Breath Test Operator is obtained through the
introduction of the officer’s "replica" certificate. It is not necessary or required that the State
establish or prove facts behind the certification of the operator, particularly in the absence of
some relevant factual evidence from the defense that might bring the document into question.
State v. Maure, 240 N.J. Super. at 278-9.
Documents such as an "Operator's Certificate" and "replica" certificates are self
authenticating documents. State v. Cardone, 146 N.J. Super. 23, 28-29 (App. Div. 1976), certif.
den. 73 N.J. 3 (1977). N.J.R.E. §902. Furthermore there is a presumption, at law, that the
Attorney General as a public official does not act improperly in the exercise of official duties
such as the issuance of an "Operator's Certificate" or "replica" certificate. State v. Matulewicz,
101 N.J. 27, 31 (1985). Also N.J.R.E. §803(c)(8).
However, in the event there is any question regarding the certification status of an
Operator, the provisions of the Chemical Breath Testing Rules, at N.J.A.C. 13:51-1.14 and 13:51-
4.2(a)1 control. The Alcohol/Drug Test Unit, in the Division of State Police maintain records of
all Breath Test Operators and can, on request, provide a prosecutor with a “Master Certification”
record showing the official status of a law enforcement officer who has been trained and certified
as a Breath Test Operator.
(3) Instrument operating properly
Since Romano was decided, our Courts have held that "State Police Coordinator
certifications indicating that random sample ampoules from the same batch as that used in the
defendants' [B]reathalzyer examination have been tested satisfy the spot checking requirement."
State v. Maure, 240 N.J. Super. at 283; State v. Ernst, 230 N.J. Super. 238, 243-244 (App. Div.
1989), certif. den. 117 N.J. 40 (1990). Consequently, the pre-test and post-test certifications by
the Coordinator (N.J.A.C. 13:51-3.4) provides "prima facie proof the ampoules used in testing [a
defendant] were properly constituted," thereby assuring that the tests, if properly administered
Attorney General Guideline: Page 8
Prosecution of DWI & Refusal Violations
were reliable. State v. Garthe, 145 N.J. 1,13-14 (1996); State v. Cleverley, 348 N.J. Super. 455,
459 (App. Div. 2002). See, State v. Maure, 240 N.J. Super. at 286; State v. Sandstrom, 277 N.J.
Super. 354 (App. Div. 1994)
Proof of operability of a breath test instrument is considered sufficient upon presentation
of documentary evidence (e.g., Breath Testing Instrument Inspection Certificates) prepared by a
Breath Test Coordinator. State v. Garthe, 145 N.J. at 13-14; State v. Tischio, 107 N.J. at 514-
517; State v. Matulewicz, 101 N.J. at 29-31; State v. Cleverley, 348 N.J. Super. at 459; State v.
Maure, 240 N.J. Super. at 281, 286-289; State v. Ernst, 230 N.J. Super. at 243-244; State v.
Ettore, 228 N.J. Super. 25, 32 (App. Div. 1988); State v, Dickens, 130 N.J. Super. 73, 79 (App.
Div. 1974); State v. DeVito, 125 N.J. Super. 478, 479-480 (App. Div. 1973). See also, State v.
Samarel, 231 N.J. Super. 134, 141-142 (App. Div. 1989); State v. McGeary, 129 N.J. Super. 219,
224-228 (App. Div. 1974). Likewise, the periodic inspections of the breath test instruments
(N.J.A.C. 13:51-3.4), as reflected by the Breath Testing Instrument Inspection Certificates, have
been found to establish prima facie proof that the breath test reagent ampoules solution(s) have
been properly spot checked and randomly tested. State v. Maure, 240 N.J. Super. at 281-283 &
286-289.
Moreover, our courts have stated that Breath Test Instrument Inspection Certificates
(BTIIC’s), which are prepared pursuant to N.J.A.C. 13:51-3.4, are prepared accurately, carefully,
competently and have a "strong and convincing indices of trustworthiness." State v. Garthe, 145
N.J. at 13-14; State v. Cleverley, 348 N.J. Super. at 459; State v. McGeary, 129 N.J. Super. at
224-227; State v. Matulewicz, 101 N.J. at 30-31; State v. DeVito, 125 N.J. Super. at 479-480;
State v. Teare, 133 N.J. Super. 338, 341 (App. Div. 1975), rev'g. 129 N.J. Super. 562 (Law Div.
1974), aff'd. 135 N.J. Super. 19 (App. Div. 1975); State v. Ettore, 228 N.J. Super. at 31-32; State
v. Ernst, 230 N.J. Super. at 243-244; State v. Lanahan, 110 N.J. Super. 578, 580-583 (Cty. Ct.
1970); State v. Hudes, 128 N.J. Super. at 591-595, 596-598.
In that same context, the BTIIC, and the Alcohol Influence Report both constitute records
of a public official, performed in an official capacity. Thus, those documents are subject to
mandatory judicial notice under N.J.R.E. §201 as official public records prepared and maintained
by a public official under N.J.R.E. §803(c)(8) & N.J.A.C. 13:51-4.3(b). Therefore, they are
admissible as records of a public official, pursuant to N.J.R.E. §803(c)(8). State v. Garthe, 145
N.J. at 13-14; State v. Cleverley, 348 N.J. Super. at 459. The same rationale holds for documents
such as an "Operator's Certificate" and "replica" certificates which are self authenticating
documents. State v. Cardone, 146 N.J. Super. at 28-29. N.J.R.E. §902.
Consequently, information contained on those documents, such as the name and serial
number of the chemical breath test instrument, its location, the results of the tests performed,
including the identification of the breath test ampoules used in the testing, become part of the
record.
Attorney General Guideline: Page 9
Prosecution of DWI & Refusal Violations
(4) Operator used the instrument in accordance with his/her training
This element of the foundational criteria is ordinarily fulfilled through the testimony of
the Breath Test Operator that he/she followed the steps on the Alcohol Influence Report Check
List for tests administered on a photometric breath test instrument, or in the case of the Alcotest
7110 MK III-C, the Operator testifies that he/she followed all of the steps to administer a
chemical breath test on that instrument and authenticates the Alcohol Influence Report for that
defendant’s tests.
DWI With a Blood Test (Per se Offense)
Where a sample of blood has been drawn from a defendant and results or readings were
obtained, a per se DWI violation can be proven by the State, using the same observations
described above and by also introducing the laboratory report containing the blood test results.
The proofs for the admissibility of blood test results, while similar to those for chemical
breath testing, will require some additional documentation. As with chemical breath test results,
the results or readings obtained from blood tests have been deemed to be admissible, as having
met the beyond a reasonable doubt standard of proof, if the State satisfies the standard of
evidence for the foundational evidentiary criteria of “no greater than clear and convincing
evidence.” Those foundational criteria are: (1) judicial notice of the scientific reliability and
accuracy of the instrument used to analyze or test the blood sample; (2) the lab technician was
properly trained; (3) the instrument used for the analysis or testing was operating properly; (4)
the lab tech used the instrument in accordance with their training.
In addition, the State will also be required to establish that the blood sample was drawn in
a medically acceptable manner, by a person qualified to perform that function. If the police
officer observed the blood sample being drawn by another person, such as a medical
professional, it is not required that the medical professional appear and testify. Nor is it required
that the medical professional comply with the affidavit provisions of N.J.S.A. 2A:62A-10 or -11.
State v. Casele, 198 N.J. Super. 462, 467-8 (App. Div. 1985), citing with approval State v.
Rypkema, 191 N.J. Super. 388, 392-3 (Law Div. 1983); State v. Burns, 159 N.J. Super. 539, 544
(App. Div. 1978); State v. Woomer, 196 N.J. Super. 583, 585-7 (App. Div. 1984).
A defendant has no right to refuse to allow blood to be drawn as long as the police or law
enforcement officer has probable cause to believe that the blood sample will contain evidence of
alcohol and/or drugs. Reasonable force to obtain a blood sample may be used, subject to the
limitations set forth in State v. Ravotto, 169 N.J. 227, 250-1 (2001), rev’g. 333 N.J. Super. 247
(App. Div. 2000).
When a defendant, in a DWI prosecution, was also the victim of some injury sustained in
a motor vehicle accident, the defendant’s blood is often drawn by hospital personnel for medical
Attorney General Guideline: Page 10
Prosecution of DWI & Refusal Violations
purposes. The results of any analysis done by the hospital is generally protected by the
Physician-Patient privilege. N.J.R.E. §506(b). In the event that there is an evidentiary need for
the results of blood analysis, performed by a hospital for non-evidential purposes, on a blood
sample taken from a defendant who has been charged with DWI, those results may be obtained
by use of a subpoena duces tecum. A Subpoena duces tecum can be issued by a Judge of a
Municipal Court upon a showing that the police have a reasonable basis to believe that the
defendant was operating a motor vehicle while under the influence of alcohol or drugs. State v.
Dyal, 97 N.J. 229 (1984). Those results may be entered into evidence under N.J.R.E. §803(c)(6).
The issue of judicial notice of the scientific reliability of the instruments used to test a
blood sample, as a foundational criterion, has been settled, and is no longer an issue in dispute.
State v. Blair, 45 N.J. 43 (1965) relying on State v. Alexander, 7 N.J. 585 (1951), cert. den. 343
U.S. 908 (1952). Likewise, the admissibility of blood test results is no longer in dispute, since
blood has been deemed non-testimonial (State v. Oliveri, 336 N.J. Super. 244 (App. Div. 2001);
State v. Weller, 225 N.J. Super. 274, 281-282 (Law Div. 1986) on remand from State v. Flynn,
103 N.J. 446 (1986) relying upon the holding in State v. Matulewicz, supra.) and it does not rise
to the level of a Constitutional issue. See, Breithaupt v. Abrams, 352 U.S. 432 (1957), 77 S.Ct.
408, 1 L.Ed.2d 448 (1957) and Schmerber v. Calif., 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908
(1966), both of which have been adopted by the decisional law of New Jersey. Moreover, blood
test analysis is not subject to the requirements set forth in State v. Simbara, 135 N.J. 37 (2002) on
the grounds that the laboratory analysis documents pertaining to the testing of blood for the
presence of alcohol are not proffered under the provisions of N.J.S.A. 2C:35-19 and, unlike the
analysis of CDS, our Courts have determined that the analysis of blood for the presence of
alcohol does not require the presence of the lab technician to authenticate or testify to the
analysis processes. Ibid
DWI Refusal
To prove a DWI refusal violation the evidentiary standard is the preponderance of the
evidence. In general, the proofs are met based upon the testimony of the arresting officer of
his/her observations that the defendant was operating a motor vehicle, the defendant had been
arrested for a DWI violation, the officer read the defendant the Standard NJ MVC (Refusal)
Statement, and the defendant refused to submit to chemical breath testing.
Prosecution of DWI and DWI Refusal Offenses
The prosecution of a DWI and/or a DWI Refusal offense requires that the State must be
prepared to meet and satisfy each and every element of the offense charged to the required
burden of proof. In those situations where a prosecutor concludes that the evidence does not
meet the required evidentiary burdens, then the prosecutor must make a determination as to how
to most appropriately resolve the case. Where the evidence is deemed sufficient by the
prosecutor, prosecutors should be prepared to present the case to the court where the evidence
Attorney General Guideline: Page 11
Prosecution of DWI & Refusal Violations
will be reviewed and a judicial determination made on its sufficiency. Prosecutors should not
automatically dismiss a DWI case solely because the chemical breath test results or blood test
results may have been excluded. A DWI violation can, and should be provable based on the
observational testimony of the police officer. See cases cited supra, under “DWI Without a
Chemical Breath Test (Observational Offense).”
The State should be represented, by the Municipal Prosecutor, at every stage of a case:
pre-trial discovery or motions; trial; a guilty plea; or a guilty plea on a plea bargain or on a
conditional plea of guilty. This applies equally at the sentencing phase. The appearance of the
State will assure that there is adequate compliance with Constitutional requirements, the
requirements for the imposition of mandatory sentences, and compliance with Court Rules. It
will also enable the prosecutor to ensure that there is an adequate record. These requirements
become even more important, where a defendant has chosen to appear pro se.
In addition, as a result of the holding in State v. Reiner, 180 N.J. 307 (2004), in order for
the State to prevail and obtain the mandatory enhanced penalties for a DWI offense in a school
zone, two requirements must be met.
First, it is necessary for the law enforcement officer to have charged the defendant, on the
Complaint/Summons (Uniform Traffic Ticket) with a violation of N.J.S.A. 39:4-50(g). Similarly,
for a DWI refusal violation in a school zone, the police or law enforcement officer should have
charged the defendant with a violation of N.J.S.A. 39:4-50.2a, specifying that the offense
occurred in a school zone, thereby subjecting the defendant to the penalties as set forth at
N.J.S.A. 39:4-50.4a.b.
Second, in school zone cases, there are additional elements, beyond the basic DWI or
DWI refusal, that the State must prove to sustain a conviction. They include: (1) the violation
occurred (a) on school property used for school purposes, (b) the property is owned or leased to
an elementary or secondary school or a school board, (c) or within 1,000 feet of such school
property; or (2) driving through a school crossing, if that crossing is designated as such by
ordinance or resolution; or (3) driving through a school crossing, knowing juveniles are present.
The statute permits a map depicting the location and boundaries within 1,000 feet of school
property, under the provisions of N.J.S.A. 2C:35-7. The statute also precludes the use of a
defense that the defendant was unaware he/she was within 1,000 feet of school property or a
school zone. Nor is it deemed relevant that juveniles were or were not present or that the school
was not in session at the time of the offense. See, P.L.1999, c.185.
Guilty Plea to Charge(s) as Filed
A defendant always has the option of entering plea of guilty to the charges as filed, under
the provisions of R. 7:6-2(a)(1). However, it is important that the State be represented in these
situations, in order to assure that the proper sentence is imposed by the Court, that the Court has
Attorney General Guideline: Page 12
Prosecution of DWI & Refusal Violations
5
Cert. den. Laurick v. N.J., 498 U.S. 967, 111 S.Ct. 429, 112 L.Ed.2d 413 (1990).
addressed “the defendant personally” and that the Court has determined “by inquiry of the
defendant ... that the plea is made voluntarily with the understanding of the nature of the charge
and the consequence of the pleas and that there is a factual basis for the plea.” Ibid. Of
particular significance is the necessity for the Court to advise the defendant of the consequences
of pleading guilty, such as the penalties that can imposed. State v. Laurick, 120 N.J. 1, 10
(1990), rev’g 231 N.J. Super. 464 (App. Div. 1989),5 citing State v. Kovack, 91 N.J. 476 (1982).
See, State v. Manzie, 168 N.J. 113 (2001); State v. Smith, 109 N.J. Super. 9 (App. Div. 1970),
certif. den. 56 N.J. 473 (1970). The presence of the prosecutor can assist the Court in its
compliance with the requirements of this Court Rule. In the event the Court may overlook any of
these requirements, the prosecutor is in a position to remind the Court.
Where a defendant has chosen to appear pro se, compliance with these requirements are
even more important, in the event the defendant chooses to file an appeal or a PCR. Consistent
with newly adopted provisions in the Appendix to Part VII of the Court Rules (“Guidelines for
Determination of Consequence of Magnitude (See R. 7:3-2)), and the holding in State v. Laurick,
120 N.J. at 6, 8-9, citing Rodriguez v. Rosenblatt, 58 N.J. 281, 295 (1971), a pro se defendant is
entitled to representation when he/she faces a consequence of magnitude.
A defendant who elects to proceed pro se, must knowing and intelligently waive his/her
right to counsel. Thus, where a defendant is appearing pro se, and elects to enter a guilty plea, in
addition to the requirements at R. 7:6-2(a)1, there should be, on the record, a waiver of the right
to counsel, i.e., that the pro se defendant knew he/she had a right to counsel, and that he/she
elected not to avail him/herself of that right with a full understanding of the implications of
entering a guilty plea. See, In re Palumbo, 58 N.J. Super. 80 (App. Div. 1959). See also, State v.
Melendez, 165 N.J. Super. 182 (App. Div. 1979).
In the event a defendant wishes to enter a guilty plea, or to resolve parts of the matter
through a plea agreement pursuant to the discussion infra, the Municipal Prosecutor must verify
the existence of any collateral legal proceedings. Double jeopardy applies not only to dual
prosecutions for the same offense, but also to prosecutions for a lesser offense, after conviction,
dismissal for successful PTI participation, or acquittal of a greater offense and to prosecutions for
a greater offense after conviction or acquittal of a lesser offense. State v. Calvacca, 199 N.J.
Super. 434 (App. Div. 1985). This applies to motor vehicle offenses as well as criminal offenses.
State v. Dively, 92 N.J. 573 (1983). Therefore, prior to consenting to the dismissal or downgrade
of a DWI offense, for any reason, or to commencing prosecution when the defendant has
represented that they will plead guilty, the Municipal Prosecutor should obtain a representation,
on the record, from the defendant, that there is currently no collateral legal proceedings, whether
criminal, quasi-criminal or civil, pertain to the subject matter or facts upon which the DWI
offense if based. Furthermore, the Municipal Prosecutor should consult with the arresting officer
Attorney General Guideline: Page 13
Prosecution of DWI & Refusal Violations
to confirm this fact. If there is any doubt as to the existence of a collateral legal proceeding, the
Municipal Prosecutor should seek an adjournment and further consult with the County
Prosecutor for guidance.
Plea Agreements or Plea Bargains
The New Jersey Supreme Court has established its own Guidelines with respect to
negotiated pleas (i.e., plea bargains) in the Municipal Courts. Plea bargains in the Municipal
Courts are governed, initially by R. 7:6-2(d), but are also supplemented by “Guidelines for
Operation of Plea Agreements” in an Appendix to Part VII of the Rules Governing the Courts of
the State of New Jersey. Plea bargains, in the Superior Court, Law Division, are governed by a
separate body of Court Rules: R. 3:9-2.
The Municipal Court Guidelines, however, contain certain limitations with respect to the
disposition of DWI and DWI refusal offenses in the Municipal Courts. The relevant provisions
of the Limitations, as set by the Supreme Court are as follows:
Guideline 4. Limitation
No plea agreements whatsoever will be allowed in
drunken driving or certain drug offenses.
A. Driving while under the influence of liquor or drugs
(N.J.S.A. 39:4-50)
. . .
If a defendant is charged with driving while under the
influence of liquor or drugs (N.J.S.A. 39:4-50) and refusal to
provide a breath sample (N.J.S.A. 39:4-50.2) arising out of the
same factual transaction, and the defendant pleads guilty to the
N.J.S.A. 39:4-50 offense, the judge, on recommendation of the
prosecutor, may dismiss the refusal charge.
. . .
Nothing contained in these limitations shall prohibit the
judge from considering a plea agreement as to the collateral
charges arising out of the same factual transaction connected with
any of the above enumerated offenses in Sections A and B of this
Guideline.
The judge may, for certain other offenses subject to
minimum mandatory penalties, refuse to accept a plea agreement
unless the prosecuting attorney represents that the possibility of
conviction is so remote that the interests of justice requires the
Attorney General Guideline: Page 14
Prosecution of DWI & Refusal Violations
6
See, State v. Greeley, 178 N.J. 38 (2003) discussing R. 7:6-2 and the “practice of
pleading guilty with a reservation,” when the issue involved is rooted in a motion to suppress, R.
3:5-7; 7:5-2. Id. at 50-1.
acceptance of a plea to a lesser offense.
Plea Agreement Guideline as adopted 7-28-2004, effective 9-1-
2004.
The Supreme Court Plea Agreement Guidelines only apply to two specific offenses: DWI,
N.J.S.A. 39:4-50 and DWI refusal, N.J.S.A. 39:4-50.2 and 39:4-50.4a. They do not apply to other
DWI or DWI refusal offenses referenced in the definitions for this Guideline.
In any situation where a prosecutor, in a Municipal Court proceeding, intends to engage
in plea bargaining, subject to the Limitations imposed by the Supreme Court, the prosecutor must
consider other obligations associated with plea negotiations.
First, and foremost, the prosecutor must place on the record the terms and conditions of
any plea agreement, and there must be a factual basis which supports any charge or charges to
which the defendant intends to plead guilty. Finally, the Court Rules (R. 3:9-2 & 7:6-2(a) & (d))
require that the defendant must be personally addressed by the Court and the defendant must
acknowledge he/she is represented by counsel or knowingly waives the right to counsel, admit,
on the record, to the facts supporting the charge for which a guilty plea is being entered.
Also, a plea to a violation of an ordinance, when the underlying charge or charges are
governed by State statutes is not permitted. State (Tp. of West Orange) v. Paserchia, 356 N.J.
Super. 461 (App. Div. 2003).
In addition, prosecutors must adhere to the requirements of R. 7:6-2(d)(3) that the
complaining witness (police or law enforcement officer, or private citizen) and the victim are
present in court, and have been “consulted about the agreement,” and, where applicable the
provisions of N.J.S.A. 39:4-50.12, where a victim suffered injuries, as defined in the statute.
Conditional Guilty Pleas
R. 7:6-2(c) permits, with the consent of the prosecuting attorney, a defendant to enter a
“conditional plea of guilty.” However, it is strongly recommended that where this provision is
employed, that prosecutors, on the record, elicit from the defendant the factual predicates in
support of the “conditional plea of guilty,” and the precise offense for which a “conditional plea
of guilty” is being entered.6 This recommendation becomes relevant in the event of an appeal or
a PCR application.
Attorney General Guideline: Page 15
Prosecution of DWI & Refusal Violations
7
These tables were developed from a review of the applicable statutes, case law, and the
Minimum Mandatory Fines & Penalties Schedule, Nov. 19, 2001, as prepared by the AOC.
8
“Whenever a person is charged with a violation of R.S.39:4-50 section 2 of P.L.1981, c.
512 (C.39:4-50.4a), a municipal prosecutor shall contact the New Jersey Motor Vehicle
Commission by electronic or other means, for the purpose of obtaining an abstract of the person's
driving record. In every such case, the prosecutor shall:
a. Determine, on the basis of the record, if the person shall be charged with
(continued...)
Where a defendant wishes to challenge an element of the per se offense, through the use
of a conditional guilty plea, a prosecutor should still present and place on the record all of the
evidence in support of the charge or charges, or obtain a stipulation, from the defendant, as to all
of the elements of the observational offense.
Amendment or Dismissal of DWI or DWI Refusal Cases
On December 2, 2004, the Acting Administrative Director of the Courts, issued the
attached Memorandum to all Municipal Court Judges which contains a recommended series of
sample questions that a Municipal Court Judge should consider asking of a Municipal Prosecutor
who proposes to amend or dismiss a DWI summons. These sample questions were developed by
the conference of Presiding Municipal Court Judges “to establish a record and thereby prevent an
improper dismissal or amendment of a N.J.S.A. 39:4-50 charge.” Thereafter, on December 10,
2004, a memorandum, from the Prosecutors Supervision & Coordination Bureau, was sent to All
County Prosecutors for distribution to All Municipal Prosecutors to inform them of the AOC
Memorandum and of their responsibilities with respect to dispositions of this nature. Municipal
Prosecutors should familiarize themselves with the legal principles pertaining to dismissals and
amendments of DWI charges as discussed in the Prosecutors Supervision & Coordination Bureau
Memorandum.
Sentencing
Where the State is successful in obtaining a guilty verdict, either by trial on the merits or
by a guilty plea, the prosecutor must assure that the proper sentence is imposed for that offense.
Prosecutors should familiarize themselves with the provisions, as set by the Legislature, for the
various mandatory sentences to be imposed for violations of the DWI and DWI refusal statutes.
As a guide, a table of the sentencing provisions of these, and related statutes, as of the date of this
Guideline, are attached.7
With the enactment of P.L. 2004, c. 95, adopted 7-9-2004, eff. 11-1-2004, N.J.S.A.
2B:25-5.1,8 Municipal Prosecutor must obtain the driver abstract from the NJ Motor Vehicle
Attorney General Guideline: Page 16
Prosecution of DWI & Refusal Violations
8
(...continued)
enhanced penalties as a repeat offender; and
b. Transmit the abstract to the appropriate municipal court judge prior to the
imposition of sentence.”
9
The holding in State v. Laurick, supra, with respect to enhancing sentences, has been
abrogated by Nichols v. U.S., 511 U.S. 738, 742, n.7, 748-9, 114 S.Ct. 1921, 1925, n.7, 1927-8,
128 L.Ed.2d 745 (1994).
Commission (NJ MVC) for presentation to the court for sentencing in all DWI and DWI Refusal
cases.
An illegal sentence, particularly in a DWI or DWI refusal matter, can be corrected at any
time. State v. Nicolai, 287 N.J. Super. 528, 531-2 (App. Div. 1996), disapproving State v.
Decher, 196 N.J. Super. 157 (Law Div. 1984). See, State v. Burroughs, 349 N.J. Super. 225,
227-8 (App. Div. 2002).
The Supreme Court Guidelines for Plea Agreements, permits, with the consent of the
prosecutor, that a DWI refusal can be dismissed in exchange for a guilty plea to a DWI offense.
But, those provisions apply only to a dismissal of a DWI refusal (N.J.S.A. 39:4-50.2a)
accompanied by a plea of guilty to the underlying DWI (N.J.S.A. 39:4-50) offense, and do not
otherwise contradict or nullify the other statutory requirements regarding non-merger of
sentences. In addition, sentences for second or subsequent DWI refusal convictions must run
consecutively to any other sentence. The Legislative intent for the enhanced sentencing for DWI
refusal is intentional. State v. Tekel, 281 N.J. Super. 502, 507 (App. Div. 1995); State v.
Fielding, 290 N.J. Super. 191, 193-4 (App. Div. 1996); State v. Widmaier, 157 N.J. at 488.
Finally, in those cases where a defendant is subject to the enhanced penalties as a second,
third or subsequent offender, any challenge to the defendant’s prior convictions can only be
made in the Court where the prior conviction was entered. R. 7:10-2(a); State v. Laurick, 120
N.J. at 11-12. The Court where the defendant is currently found guilty or has entered a plea of
guilty to a DWI or DWI refusal violation, does not have jurisdiction to review or otherwise rule
upon the validity of any prior conviction or any penalties imposed in connection with that
conviction. This applies equally to any administrative suspensions imposed by NJMVC. State v.
Laurick, 120 N.J. at 13, 17.9 In such cases, a Court should impose the sentence based upon the
prior record, as it is at the time of conviction. See, N.J.S.A. 2B:25-5.1, requiring Municipal
Prosecutors to review motor vehicle abstracts of DWI offenders and present that information to
the Court. If a defendant is successful in a later PCR application regarding the prior sentence,
then the defendant can move for re-sentencing. Cf., State v. Haliski, 140 N.J. 1 (1995) (Graves
Act sentence to be imposed until a defendant’s conviction is otherwise found deficient.)
Attorney General Guideline: Page 17
Prosecution of DWI & Refusal Violations
10
The Appellate Division has refused to recognize HGN as being scientifically reliable
and acceptable, thus allowing its admissibility, without foundational testimony , i.e. a Frye
hearing in the trial court. State v. Doriguzzi, 334 N.J. Super. at 533. The Appellate Court also
refused to recognize the findings made by a Law Division Judge, in State v. Maida, 332 N.J.
Super. 564 (Law Div. 2000), following a Frye hearing. In that case the Law Division Judge
found that HGN was scientifically reliable and generally accepted in the scientific community,
and therefore, admissible. State v. Maida, 332 N.J. Super. at 572-3.
Observation of a Violation, Arrest and Processing of a Defendant
The usual circumstances attendant upon a DWI or DWI refusal arrest include that a law
enforcement officer will have observed the operator in the act of operating the vehicle or vessel
in a manner suggesting or indicating intoxication or other impairment. However, circumstances
may arise where the observation component may not be possible: e.g., an accident scene, or an
encounter at a location where the vehicle or vessel is not moving, but the location is such that
operation is inferred (e.g., one car motor vehicle accident, vehicle parked on the side of a limited
access roadway, vehicle parked in a rest area, with or without the motor running.)
Once the vehicle has been stopped, the officer will generally continue to observe the
operator. If the officer, based upon their training and experience, suspects the operator is
intoxicated or under the influence of alcohol or drugs, then the officer will request the operator to
exit the vehicle. Once the operator is out of the vehicle, the officer will generally request the
operator to perform field sobriety tests. Where possible, the use of uniform field sobriety testing
procedures by police officers is preferred. For those officers with the requisite training, they will
generally employ the Standard Field Sobriety Testing [SFST] methods, as taught in the Division
of State Police 5-day training course, “Driving While Intoxicated Course/Standardized Field
Sobriety Testing [SFST].”
Subject to a limitation, set forth in State v. Doriguzzi, 334 N.J. Super. 530 (App. Div.
2000), Standardized Field Sobriety Testing [SFST] can be used to establish the requisite proofs
necessary in an observational prosecution. The limitation in Doriguzzi, pertains to the use of
only one of the four SFST’s, the Horizontal Gaze Nystagmus [HGN] test.10 State v. Doriguzzi,
334 N.J. Super. at 533. HGN can, however, be utilized as part of the observations of the police
officer which form the totality of circumstances giving rise to the probable cause necessary to
arrest the defendant for DWI and to subject the defendant to the provisions of the Implied
Consent Statutes.
Upon a determination by the law enforcement officer that there is sufficient probable
cause to believe the operator of the vehicle or vessel is intoxicated, under the influence of alcohol
or drugs, or has a blood alcohol or alcohol concentration at, or above, the per se limit set by the
statute, the officer will place the operator under arrest and advise the operator of his/her Miranda
Attorney General Guideline: Page 18
Prosecution of DWI & Refusal Violations
11
As presently drafted, none of the provisions in the Implied Consent Laws apply to the
taking of blood, urine or other bodily substance samples. Case law controls the criteria to be
used by police for determining that blood or other bodily fluid samples should be drawn, the
manner and methods by which it is to be drawn.
rights as required under the holding in State v. Wright, 107 N.J. 488 (1987).
The Implied Consent Laws
As a matter of law, no person may legally refuse to submit to chemical breath testing.
Refusal to submit to chemical breath testing constitutes a separate offense under one of the
following statutes: N.J.S.A. 39:4-50.4a; 39:3-10.24f; 12:7-55f. The implied consent statute
becomes operative as a result of a police or law enforcement officer having arrested the operator
for a violation of N.J.S.A. 39:4-50 (DWI), N.J.S.A. 39:3-10.13 (CDL/DWI), or N.J.S.A. 12:7-46
(OVWI).
While it is unlawful for a person to refuse to submit to chemical breath testing, it is also
noted that a chemical breath test cannot be forcibly taken or compelled. See, N.J.S.A. 39:4-
50.2(e); 39:3-10.24e; and 12:7-55e. These statutory requirements, however, are merely a
reflection of the fact that a chemical breath test requires the active participation and cooperation
of the defendant.11
A refusal to submit to chemical breath testing is a non-criminal offense which permits the
State to prove a violation of the offense by meeting and satisfying the preponderance of the
evidence standard of proof. Penalties for refusing to submit to chemical breath testing are
substantial and are to be imposed in addition to any other penalties imposed for a violation of the
DWI statute. The sentences for DWI and refusal are mandatory and may not be merged. State v.
Widmaier, 157 N.J. at 496, 498-9.
The legislative purpose for enacting the Implied Consent statutes is reflected by the
following statement “that the Implied Consent Law is a strong disincentive to driving while
intoxicated.” State v. Widmaier, 157 N.J. at 488.
The purpose of the Implied Consent statutory scheme is “to encourage motorists
suspected of driving under the influence to submit to [B]reathalyzer tests.” State v. Widmaier,
157 N.J. at 487.
The need to obtain chemical breath test evidence, in a prompt manner, due to the speed
with which alcohol is dissipated by the body is also discussed.
Attorney General Guideline: Page 19
Prosecution of DWI & Refusal Violations
Breath samples are a nontestimonial form of evidence.
State v. Macuk, 57 N.J. 1, 14 (1970). Accordingly, a defendant
does not have a Fifth Amendment right to consult with an attorney
before taking the test, nor does a defendant have a right to have an
attorney present when the test is performed. State v. Leavitt, 107
N.J. 534, 536, 540 (1987); see also, Macuk, supra, 57 N.J. at 16,
(holding that police officers are not required to give defendants
Miranda warnings prior to administration of [a B]reathalyzer test
because "fundamental reason for the Miranda rules is just not
present"). Additionally, because breath sample evidence "is
evanescent and may disappear in a few hours," State v. Dyal, 97
N.J. 229, 239 (1984), police must administer the [B]reathalyzer test
within a reasonable time after the arrest in order to obtain an
accurate reading. Leavitt, supra, 107 N.J. at 541; see also, State v.
Pandoli, 109 N.J. Super. 1, 4 (App. Div.1970) (noting "rapidity
with which the passage of time and physiological processes tend to
eliminate evidence of ingested alcohol in the system"); State v.
Corrado, 184 N.J. Super. 561, 568 (App. Div.1982) (holding
one-hour delay in consenting to take [a B]reathalyzer test violated
Implied Consent Law).
State v. Widmaier, 157 N.J. at 487-8.
Fulfilling the Statutory Requirements for Implied Consent by Law Enforcement
While at the law enforcement facility, the defendant should also be continuously
observed. In addition, during the observation period, and prior to the administration of any
chemical breath testing, the provisions of N.J.S.A. 39:4-50.2, N.J.S.A. 39:3-10.24a through e, or
N.J.S.A. 12:7-55, regarding implied consent, must have been followed.
Those statutory provisions are:
#1 The police or law enforcement officer “shall inform the person
tested of his[/her] rights” to be furnished with a copy of the record
of any chemical breath tests administered.
This first provision is designed to inform the defendant that a record of any chemical
breath tests administered will be made and that the defendant is entitled to receive a copy of that
record. N.J.S.A. 39:4-50.2(b); N.J.S.A. 39:3-10.24b; N.J.S.A. 12:7-55b. That record, pursuant to
N.J.A.C. 13:51-3.6(a)2, is the “Alcohol Influence Report Form, Breathalyzer Check List.”
N.J.A.C. 13:51 Appendix. With the introduction of the Alcotest® 7110 MKIII-C, a printed
record, in the form of an Alcohol Influence Report, will be automatically printed by the
Attorney General Guideline: Page 20
Prosecution of DWI & Refusal Violations
12
For those municipalities which have elected to enact an ordinance under the provisions
of John’s Law II, P.L.2003,c.164, permitting local law enforcement to hold a DWI defendant in
(continued...)
Alcotest® 7110 MKIII-C. N.J.A.C. 13:51-3.6(c)2.
Following the administration of any breath tests, regardless of the results obtained, and
the normal processing of a defendant, the defendant should be given a copy of the Alcohol
Influence Report.
#2 The person “shall be permitted to have such samples taken and
chemical tests of his[/her] breath, urine or blood made by a person
or physician of his own selection.”
This second provision is designed to inform the defendant of his/her statutory right to
obtain an independent test of their own breath, blood or urine. N.J.S.A. 39:4-50.2(c); N.J.S.A.
39:3-10.24c; N.J.S.A. 12:7-55c. State v. Jalkiewicz, 303 N.J. Super. 430, 432, 434, 435 (App.
Div. 1997), questioning State v. Broadley, 281 N.J. Super. 230 (Law Div. 1992), certif. den. 135
N.J. 468 (1994); State v. Hicks, 228 N.J. Super. 541, 544 (App. Div. 1988), certif. den. 127 N.J.
324 (1990); State v. Ettore, 228 N.J. Super. at 30-1.
Moreover, case law supports the proposition that the police do not have an affirmative
obligation to transport, or arrange transportation for a DWI defendant, following the
administration of the breath tests and issuance of a summons. State v. Ettore, 228 N.J. Super. at
30-31; State v. Weber, 220 N.J. Super. 420, 424 (App. Div. 1987), certif. den. 109 N.J. 39
(1987); State v. Hudes, 128 N.J. Super. at 606. Likewise, the police do not have an affirmative
obligation to arrange for, or consent to, independent tests to be performed by a non-police agency
such as a hospital. State v. Weber, 220 N.J. Super. at 424; State v. Ettore, 228 N.J. Super. at 31;
State v. Hudes, 128 N.J. Super. at 606. Cf., State v. Hicks, 228 N.J. Super. at 550. These cases
effectively stand for the proposition that the police cannot impermissibly interfere with a
defendant’s attempts to obtain an independent test. State v. Greeley, 178 N.J. 38, 43-5 (2003).
In addition, the fact that a hospital may refuse to perform such tests with or without police
consent cannot be held against the State. State v. Weber, 220 N.J. Super. at 424; State v. Ettore,
228 N.J. Super. at 31; State v. Hudes, 128 N.J. Super. at 606.
With the adoption of “John’s Law,” P.L.2001, c.69, N.J.S.A. 39:4-50.22 & 39:4-50.23,
the ability of a defendant to secure an independent test may be somewhat restricted, but that
restriction should not be viewed as police interference. What the statute requires is that another
person accept responsibility for the defendant before the defendant can be released. Once a
defendant is released under the provisions of “John’s Law” the defendant is free to take whatever
steps he/she may chose to obtain an independent test.12 “[A] policy of releasing an intoxicated
Attorney General Guideline: Page 21
Prosecution of DWI & Refusal Violations
12
(...continued)
custody for up to 8 hours, law enforcement personnel in those municipalities will have to consult
the Municipal Attorney or Solicitor for legal advice or guidance on this matter.
13
The Greeley decision does not specifically mention John’s Law because Mr. Greeley
was arrested in Feb. 1998, prior to the adoption of P.L.2001, c.69. The case does, however,
discuss John’s Law II, P.L.2003, c.164. State v. Greeley, 178 N.J. at 48-9.
DWI arrestee only to persons responsible for the arrestee's conduct strikes a proper balance
between the right to an independent BAC test and the continuing duty of the police to safeguard
the public.” State v. Greeley, 178 N.J. at 48-9.13
#3 “[t]he police officer shall, however, inform the person arrested of
the consequences of refusing to submit to such test ...”
Every person who receives a license to operate a motor vehicle in New Jersey, and in
every other State, by virtue of applying for, taking the written and driving tests, and accepting the
driver’s license, has already given their implied consent to submit to chemical breath testing.
However, the act of being licensed is not, in and of itself, an element of a DWI refusal violation.
The violation is operating a motor vehicle and refusing to submit to chemical breath testing,
when so requested by the police or law enforcement officer.
This third provision, again informs the defendant that refusing to submit to chemical
breath testing will, upon conviction, result in the imposition of additional penalties, beyond any
penalties imposed for a DWI conviction. N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:3-10.24e; N.J.S.A.
12:7-55e. This provision also addresses the issue of a defendant’s right to speak with an
attorney, as well as the “confusion” defense. See, State v. Leavitt, supra. This component, is
fulfilled, by the fourth provision, discussed, infra.
#4 “A standard statement, prepared by the [NJ Motor Vehicle
Commission,] Chief Administrator shall be read by the police
officer to the person under arrest.”
This fourth provision, fulfills the statutory requirements at N.J.S.A. 39:4-50.2(e); N.J.S.A.
39:3-10.24e; N.J.S.A. 12:7-55e. A law enforcement officer accomplishes this provision by
reading the applicable Standard (Refusal) Statement to a defendant, prior to the administration of
any chemical breath tests. The Legislature has mandated that these Standard (Refusal)
Statements, prepared by the NJMVC Chief Administrator, be “read to the defendant.” State v.
Widmaier, 157 N.J. at 489. Therefore, they must be read, exactly as written. Copies of the most
recently approved Standard Statements are included in the Appendix to this Guideline.
Attorney General Guideline: Page 22
Prosecution of DWI & Refusal Violations
The essential key, is that the legislative mandate requires that the police officer be the
person who reads the Standard Statement to the defendant. Giving or handing the Standard
Statement to the defendant to read for him or herself will not suffice as complying with the
statutory mandate that the officer read it to the defendant. State v. Widmaier, 157 N.J. at 489.
In addition, the Standard Statement contains a recitation of the range of the statutory
penalties which a court will impose, if the defendant is found guilty. Therefore, police and law
enforcement officers must strictly comply with the statutory requirements that the Standard
Statement, as approved by the NJ MVC Chief Administrator, be read, as written, to the
defendant. Deviation from, or variation of, the exact language of the Standard Statement, for
whatever reason, could be viewed by a Court as non-compliance with the statutory requirements.
However, in a circumstance where, due to inadvertence or mistake, a law enforcement
officer reads a Standard Statement that is not the current Standard Statement, such an error
should not result in the dismissal of the DWI refusal charge. The key factor is that a Standard
Statement was read to the defendant, albeit one that has been revised or replaced.
A review of the Standard Statements which preceded the current Standard Statement
reveals that they all contain the essential elements required under the statute: i.e., informing the
defendant that he/she must take the tests; informing the defendant that a copy of the breath test
results will be provided; informing the defendant of their right to an independent test; and
informing the defendant of the consequences of refusing to take the tests. With each successive
revision of the Standard Statements, other than the revisions made in 1987 to conform to the
recommendation of the Supreme Court in State v. Leavitt, 107 N.J. at 542, it is only this last
element that has been revised, to conform to changes in the penalties for refusal. Thus, where a
law enforcement officer has read an incorrect Standard Statement, the prosecutor should
represent to the Court that the incorrect Standard Statement was read, and therefore, in the
interests of fairness, the State would only ask the Court, upon a verdict of guilty, to impose the
penalties recited in that Standard Statement, rather than the penalties currently required by law.
Such a position is fully consistent with the intention of the statutory scheme while not seeking to
overreach with regard to penalties. Every effort should be made to insure that the correct form is
used.
Also, where a law enforcement agency may have a policy or practice which goes beyond
the statutory requirements discussed herein, and those policies or practices are not prohibited by
this Guideline, then those policies or practices should be reviewed for legal sufficiency by the
Municipal Prosecutor or the appropriate legal counsel for the law enforcement agency.
Unlike a Miranda warning, which requires the defendant to affirmatively acknowledge a
constitutional right, the Standard (Refusal) Statement does not require such an affirmative
acknowledgment. What is required is that the defendant must give an “unconditional,
unequivocal assent” (State v. Widmaier, 157 N.J. at 497) to the request to submit to chemical
Attorney General Guideline: Page 23
Prosecution of DWI & Refusal Violations
breath testing. Anything less, including silence, constitutes a refusal, and subjects the defendant
to penalties, in addition to any penalties imposed for DWI.
A [B]reathalyzer test is not an occasion “for debate, maneuver or
negotiation, but rather for a simple 'yes' or 'no' to the officer's
request." Ibid. [State v. Bernhardt, 245 N.J. Super. 210, 219 (App.
Div. 1991), certif. den. 123 N.J. 323 (1991)] (quoting [State v.]
Corrado, supra, 184 N.J. Super. [561] at 569 [(App. Div. 1970)]
(quoting [State v.] Pandoli, supra, 109 N.J. Super. [1] at 4 (App.
Div. 1970])). Any other result would undermine law enforcement's
ability to remove intoxicated drivers from the roadways.
State v. Widmaier, 157 N.J. at 497
Similarly, a violation of the refusal statute, like a violation of the DWI statutes, is a strict
liability offense. There simply is no issue for a court to decide with respect to a defendant’s
subjective intent. State v. Widmaier, 157 N.J. at 498.
Finally, a “conditional or ambiguous response to a police officer's final demand to submit
to the [B]reathalyzer test constitutes a violation of the refusal statute whether or not the suspect
intended to refuse to take the test.” Ibid.
In situations where the defendant does not respond, or gives a vague or inconclusive
response, or requests to speak with an attorney before providing breath samples, the officer is
then required to read an additional paragraph on the Standard Statement informing the defendant
that he/she must respond and does not have a right to speak to an attorney. See, State v. Leavitt,
107 N.J. at 541-2. See also, State v. Widmaier, 157 N.J. at 487-8.
Once a police or law enforcement officer makes a determination, after having read to the
defendant, the appropriate Standard Statement, that the defendant has refused to submit to
chemical breath testing, the defendant is not entitled to “cure” that violation. State v. Bernhardt,
245 N.J. Super. 210 (App. Div. 1991), certif. den. 126 N.J. 323 (1991). Defendants’ are
afforded constitutionally sufficient notice and an opportunity to respond affirmatively and submit
to chemical breath testing.
The Standard (Refusal) Statements
The first Standard (Refusal) Statement was required with the adoption of P.L.1977, c.29,
Attorney General Guideline: Page 24
Prosecution of DWI & Refusal Violations
14
In 1982, N.J.S.A. 39:4-50.4 was repealed and replaced by N.J.S.A. 39:4-50.4a.
P.L.1981, c.512, §§2, 3.
amending, N.J.S.A. 39:4-50.2 and -50.4.14 Prior to 1977, no standard statement was required.
P.L.1966, c.142.
Thereafter, each time the Legislature has amended the DWI refusal statutes, new or
revised Standard (Refusal) Statements have been approved by the NJMVC Chief Administrator
(formerly the Director of DMV). Once the Standard Statement is approved, the Director of the
Division of Criminal Justice distributes those new or revised Standard (Refusal) Statements to all
law enforcement agencies throughout the State.
As of the date of this Guideline, three (3) Standard (Refusal) Statement forms, DWI,
CDL/DWI, OVWI, have been approved by the NJMVC Chief Administrator. This guideline
replaces all explanatory or cover memoranda which may have previously accompanied revisions
of the statements but in no way replaces or modifies the statements as promulgated by the Chief
Administrator of the NJMVC. The three approved statements are:
! DWI Refusal Statement - New Jersey Motor Vehicle Commission (NJ
MVC) Standard Statement for Operators of a Motor Vehicle - N.J.S.A.
39:4-50.2(e), Revised & effective, April 26, 2004 [P.L.2004, c.8, §4].
! CDL/DWI Refusal Statement - DMV Standard Statement For Operators
of a Commercial Motor Vehicle, N.J.S.A. 39:3-10.24e, Revised, February
1, 2001 to conform to State v. Widmaier, 157 N.J. 475, 498-499 (1999).
! OVWI Refusal Statement - New Jersey Motor Vehicle Commission (NJ
MVC) Standard Statement for Operators of Vessels - N.J.S.A. 12:7-55e,
Revised & effective, July 1, 2004 [P.L.2004, c.80, §4].
A copy of each of the above Standard (Refusal) Statements is attached to this Guideline.
Copies can also be found, in an Adobe (.pdf) format, on the Division of Criminal Justice internet
web site at www.njdcj.org or www.state.nj.us/lps/dcj, under the heading Attorney General
Guidelines, DWI Enforcement, “NJ MVC Standard Refusal Statements.” Any revision of one or
more of these Standard Statements will be posted, and available, on the Division of Criminal
Justice internet web site. In addition, a written notice will be sent to all law enforcement
agencies advising of the change and providing a copy of the revised Standard Statement.
attachments
Attorney General Guideline: Page 25
Prosecution of DWI & Refusal Violations
c. Col. Joseph Fuentes, Superintendent, Division of State Police
All Law Enforcement Chief Executives
Vaughn L. McKoy, Director, Division of Criminal Justice
AAG Daniel Giaquinto, Director, Office of State Police Affairs
AAG Jessica S. Oppenheim, Chief, Prosecutors Supervision & Coordination Bureau
DAG Stephen Monson, Prosecutors Supervision & Coordination Bureau
DAG John Dell’Aquilo, Jr., Prosecutors Supervision & Coordination Bureau
DAG Neil Magnus, Environmental Enforcement Section, Division of Law
Attorney General Guideline: Page 26
Prosecution of DWI & Refusal Violations
Table of Attachments
! Attorney General Directive, Nov. 18, 1998, To: All Municipal Prosecutors, Re: Plea
Agreements in Municipal Courts.
! Sentencing Table, DWI & DWI Refusal Offenses, and other related offenses.
! DWI Refusal Statement- New Jersey Motor Vehicle Commission Standard
Statement for Operators of a Motor Vehicle - N.J.S.A. 39:4-50.2(e), Revised &
effective, April 26, 2004 [P.L.2004, c.8, §4].
! CDL/DWI Refusal Statement - DMV Standard Statement For Operators of a
Commercial Motor Vehicle, N.J.S.A. 39:3-10.24e, Revised, February 1, 2001 to
conform to State v. Widmaier, 157 N.J. 475, 498-499 (1999).
! OVWI Refusal Statement - New Jersey Motor Vehicle Commission Standard
Statement for Operators of Vessels - N.J.S.A. 12:7-55e, Revised & effective, July
1, 2004 [P.L.2004, c.80, §4].

N.J.S.A. 39:4-52 Racing on Highway

2009-09-05T06:40:00.002-07:00

N.J.S.A. 39:4-52 Racing on Highway
! Prohibits the operation of a motor vehicle on a public highway
! for a wager
! or in a race
! or for the purpose of making a speed record
! First Offense: $25-$100 fine
! Second Offense: $100-$200 fine
N.J.S.A. 39:5C-1 Racing or Making Speed Records
! D.P. offense for person to operate or attempt, or agree to operate a motor vehicle on a public highway
! in a race with any other motor vehicle
! or for the purpose of making a speed record
! D.P. offense for person to
! arrange for
! manage
! encourage
! or assist in the holding of
! or attempt to hold any such race or speed race event
! First Offense: $25-$100 fine
! Second Offense: $100-$200 fine or 90 days incarceration or both.

Driving While Supsended, DWI, N.J.S.A. 39:3-40(f) 14

2009-09-05T06:40:00.001-07:00

Driving While Supsended, DWI, N.J.S.A. 39:3-40(f) 14
Drive whilesuspended - DWI
39:3-40(f)(2)
1st Offense 2nd Offense 3rd or subsequent Offense
Fine $500 39:3-40(a), plus$500 fine 39:3-40(f)(2) $750 39:3-40(a), plus$500 fine 39:3-40(f)(2) $1000 39:3-40(a), plus$500 fine 39:3-40(f)(2)
Fine -School Zone $500 39:3-40(a), plus$500 fine 39:3-40(f)(2), plus $500 39:3-
40(f)(3)
$750 39:3-40(a), plus$500 fine 39:3-40(f)(2), plus
$500 39:3-40(f)(3)
$1000 39:3-40(a), plus$500 fine 39:3-40(f)(2), plus
$500 39:3-40(f)(3)
DLRevoke
Suspend
Up to 6 mo. 39:3-40(a), plus12 mo. - 24 mo. additional 39:3-40(f)(2) Up to 6 mo. 39:3-40(a), plus12 mo. - 24 mo. additional 39:3-40(f)(2) Up to 6 mo. 39:3-40(a), plus12 mo. - 24 mo. additional 39:3-40(f)(2)
DL RevokeSuspend for
School Zone
12 month - 30 month driver’s licensesuspension
(1 to 2 years after any incarceration)
12 month - 30 month driver’s licensesuspension
(1 to 2 years after any incarceration)
12 month - 30 month driver’s licensesuspension
(1 to 2 years after any incarceration)
RegistrationSuspension
N.J.S. 39:3-40.1
Suspension of registration on all ownedor leased vehicles Suspension of registration on all owned orleased vehicles
(If within 5 years of 39:3-40 conviction,registration suspended for the same time as
drivers licence)
Suspension of registration on all owned orleased vehicles
(If within 5 years of 39:3-40 conviction,registration suspended for the same time as
drivers licence)
Incarceration 10-90 days incarceration Up to 5 days 39:3-40 (b)10-90 days incarceration 39:3-40 (f)(2)
If the offense involves a motor vehiclemoving violation, then imprisonment for 10
days longer than the term of imprisonmentfor the previous offense.
Up to 10 days 39:3-40 (c)10-90 days incarceration 39:3-40 (f)(2)
If the offense involves a motor vehiclemoving violation, then imprisonment for 10
days longer than the term of imprisonmentfor the previous offense.
IncarcerationSchool Zone 10-90 days incarceration 39:3-40 (f)(2)60-90 days incarceration 39:3-40(f)(3) Up to 5 days 39:3-40 (b)10-90 days incarceration 39:3-40 (f)(2)
120-150 days incarceration 39:3-40(f)(3)
Up to 10 days 39:3-40 (c)10-90 days incarceration 39:3-40 (f)(2)
180 days incarceration 39:3-40(f)(3)
Driving While Supsended, DWI, N.J.S.A. 39:3-40(f) 15
Drive whilesuspended - DWI
39:3-40(f)(2)
1st Offense 2nd Offense 3rd or subsequent Offense
DLRevoke
Suspend Under17
revocation of registration certificate forthe period driver’s license is suspended revocation of registration certificate for theperiod driver’s license is suspended revocation of registration certificate for theperiod driver’s license is suspended
Penalties reflect inclusion of the penalties for a violation of N.J.S.A. 39:3-40 (a) through (e). The Administrative Office of the Courts have adopted this position in issuing the Minimum Mandatory Fines and Penalties schedule
issued on August 9, 2004.
Note: The fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)-(3) are imposed “notwithstanding” the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)-(3) are in addition to those found in
N.J.S.A.39:3-40(a)-(e). This reading of the statute is suggested by State v. Wrotny, 221 N.J. Super. 226, 228-30 (App. Div. 1987), though Wrotnydoes not explicitly hold as much. For a contrary reading of N.J.S.A. 39:3-40(f)(1)-(3), see State v. Walsh, 236 N.J. Super. 151, 155 (Law Div.
1989), and State v. Rought, 221, N.J., Super. 42, 47 (Law Div. 1987), which both held that the fines and the penalties of 39:3-40(f)(1)-(3) are asubstitute for those provided by N.J.S.A. 39:3-40(a)-(e). Before imposing sentence for a conviction of N.J.S.A. 39:3-40(f)(1)-(3), please consult
these cases and any other relevant cases decided after the date of this chart. (The Administrative Office of the Courts have adopted this positionin issuing the Minimum Mandatory Fines and Penalties schedule issued on August 9, 2004.)

Operation with BAC0.01 - 0.08 under 21

2009-09-05T06:39:00.002-07:00

Related Motor Vehicle Alcohol Offenses 13
Violation 1st Offense 2nd Offense
Operation with BAC0.01 - 0.08 under 21
N.J.S.A. 39:4-50.14
Revocation of Licence for 30-90 days Commencing on conviction or date
of eligibility whichever later.Community Service 15-30 days
IDRC *
Consumption of Alc. byOperator or Passenger
N.J.S.A. 39:4-51a
$ 200 Fine $ 250 Fine or 10 days Community Service
Open ContainerOperator or Passenger
N.J.S.A. 39:4-51b
$ 200 Fine $ 250 Fine or 10 days Community Service
Operating a motor vehicle while in Possession ofCDS N.J.S.A. 39:49.1 Not less than $50Mandatory drivers licence suspension for 2 years
Operation while intoxicated with a minor invehicle N.J.S.A. 39:4-50.15 ** Disorderly Persons Offense(Up to 6 months incarceration and up to $1,000
fine)Drivers licence suspension for not more than 6
months an up to 5 days of community service
Mandatory forfeiture or postponement of drivingprivileges for minors adjudged delinquent for
drug charges N.J.S.A. 2C:35-16
6 months to 2 years commencing on date ofimposition of sentence or the 17th birthday,
whichever is later.
6 months to 2 years commencing on date ofimposition of sentence or the 17th birthday,
whichever is later.Suspension shall commence after any period of
suspension or postponement currently beingserved for a previous drug violation
* Penalties apply in addition to N.J.S.A. 2C:33-15 (underage possession of alcoholic beverages), N.J.S.A. 33:1-81 (purchase of an alcoholic beverage by an underage person), and N.J.S.A. 39:4-50 (DWI) violations.
** Defendant may also be charged under N.J.S.A. 2C: 24-4 (Endangering Welfare of Children)

CDL/DWI Refusal TO SUBMIT TO CHEMICAL BREATH TESTING , N.J.S.A. 39:3-10.24f 12

2009-09-05T06:39:00.001-07:00

CDL/DWI Refusal TO SUBMIT TO CHEMICAL BREATH TESTING , N.J.S.A. 39:3-10.24f 12
N.J.S.A. 39:3-10.24f Refusal to Submit to Chemical Breath Test
! Every motorist who operates a commercial motor vehicle in New Jersey deems consent to submit to a chemical breath test to determineblood alcohol content. N.J.S.A. 39:3-10.24f (Implied Consent Statute).
! Conviction is based upon “preponderance,” standard of evidence
! Penalties are in addition to any penalties imposed under N.J.S.A. 39:3-10.20
CDL/DWI Refusal 39:3-10.24fPenalties in addition to any penalties imposed
under 39:3-10.20
1st offense 2nd or subsequent offense
Fine $250 to $500
DL suspend/revoked 6 months 2 years
IDRC Referral to IDRC Referral to IDRC

Operating a Commercial Motor Vehicle (CMV) with a prohibited Alcohol Concentration (CDL/DWI), N.J.S.A. 39:3-10.13 11

2009-09-05T06:38:00.001-07:00

Operating a Commercial Motor Vehicle (CMV) with a prohibited Alcohol Concentration (CDL/DWI), N.J.S.A. 39:3-10.13 11
! Person shall not operate a Commerical Motor vehicle (GVWR 26,001 lbs or more)
! With an alcohol concentration of 0.04% or more (N.J.S.A. 39:3-10.11 definition “Alcohol Concentration”)
! Or while under the influence of a controlled substance
! Merger of offense with a violation of N.J.S.A. 39:4-50 DWI or N.J.S.A. 39:4-50.2 DWI Refusal is prohibited, N.J.S.A. 39:3-10.20i.
CDL/DWI Offense39:3-10.20
In addition to any other penalty for aviolation of specified MV offenses*
1 st Offense 1st Offense WhileTransporting Haz Mat or displaying
Haz Mat placard
2nd or subsequent Offensefor any violation 39:3-10.20a
or combination from 2 or moreseparate incidences
CDL Endorsement Suspended 1 to 3 years39:3-10.20a 3 years39:3-10.20b For life39:3-10.20c
CDL Endorsement Revocation39:3-10.20e For life if a CMV used in commission of a crime involving manufacture, distribution or dispensing CDS oranalog, or possession with intent to manufacture, distribute or dispense CDS or analog
CDL Endorsement SuspensionFor Serious Traffic violations,
39:3-10.11 **39:3-10.20f
Not less than 60 days from separate incidents within 3 year period 120 days from separate incidentswithin 3 year period
* The specified MV offenses under N.J.S.A. 39:3-10.20a. for which penalties are imposed in addition to any other penalty are: (1) DWI in CMV, N.J.S.A.39:4-50 or 39:3-10.13; (2) leaving scene in a CMV, N.J.S.A. 39:4-129; (3) using a CMV in commission of any crime as defined at N.J.S.A. 2C:1-4a, c, or d;
(4) refusal to submit to chemical breath tests, N.J.S.A. 39:4-50.2 or 39:3-10.24; violation of N.J.S.A. 39:3-10.18(b)(1).
** A serious Traffic violation, is defined at N.J.S.A. 39:3-10.11 as: (a) excessive speeding at speed of 15 or mph above speed limit; (b) reckless driving,including, but not limited to, driving a CMV “in willful or wanton disregard of the safety of person or property, including violations of N.J.S.A. 39:4-96"; (c)
Improper or erratic traffic lane changes; (d) Following too closely, including violations of N.J.S.A. 39:4-89; (e) a violation arising in connection with a fatalaccident, of laws relating to motor vehicle traffic control, other than parking; (f) any other violation of State or local law relating to motor vehicle traffic as
determined by the Secretary of USDOT at 49 C.F.R. §383.5 as a serious traffic violation.

DWI in School Zone, N.J.S.A. 39:4-50(g) 5 School ZoneDWI 39:4-50(g)Oper.

2009-09-05T06:34:00.000-07:00

DWI in School Zone, N.J.S.A. 39:4-50(g) 5
School ZoneDWI
39:4-50(g)Oper. or
Allowing
1st OffensePer Se 0.08% or more or operating under the
influence of alcohol or drugs39:4-50(a)(1)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
OtherNon $
Penalties39:4-50(h)
May order participation in supervised visitationprogram as either a condition of probation or a
form of community service(No differentiation based on per se BAC
reading)
Court may order participation in supervisedvisitation program as either a condition of
probation or a form of community service
Court may order participation in supervisedvisitation program as either a condition of
probation or a form of community service, AND
BAIID orRevoke Regis. May order installation of an interlock device onevery owned, leased or regularly operated vehicle
for not less than 6 months to not more than 1year after the expiration of the period of
suspension.No registration revocation for first offense
(No differentiation based on per se BACreading)
Court shall order installation of ignitioninterlock device on every owned, leased or
regularly operated vehicle for not less than 1year to nor more than 3 years after the
expiration of the period of suspension, OR Court shall revoke registration certificate &
plates for 2 years 39:3-40.1 (a)(1)
Court shall order installation of ignitioninterlock device on every owned, leased or
regularly operated vehicle for not less than 1year to nor more than 3 years after the
expiration of the period of suspension, ORCourt shall revoke registration certificate &
plates for 10 years 39:3-40.1 (a)(1)

CDL/DWI Refusal TO SUBMIT TO CHEMICAL BREATH TESTING , N.J.S.A. 39:3-10.24f 12

2009-09-05T06:26:00.001-07:00

Operating a Commercial Motor Vehicle (CMV) with a prohibited Alcohol Concentration (CDL/DWI), N.J.S.A. 39:3-10.13 11

2009-09-05T06:25:00.001-07:00

Refusal, Operating a Vessel While Intoxicated, N.J.S.A. 12:7-57 10

2009-09-05T06:24:00.002-07:00

Refusal, Operating a Vessel While Intoxicated, N.J.S.A. 12:7-57 10
OVWI Refusal12:7-57 1st Offense 2nd Offense 3rd or Subsequent Offense
Fine 12:7-57a $300 to $500 $500 to $1,000 $1,000
Revoke/Suspend Vessel Privilege12:7-57a 1 year 2 years 10 years
DL Revoke/Suspend12:7-55a 7 months to 1 year 2 years 10 years
IDRC12:7-57c Referral to IDRC Referral to IDRC Referral to IDRC
Boat Safety Course12:7-57e Required attendance Required attendance Required attendance

Operate a Vessel While Intoxicated (OVWI) N.J.S.A. 12:7-46 9

2009-09-05T06:24:00.001-07:00

Operate a Vessel While Intoxicated (OVWI) N.J.S.A. 12:7-46 9
OVWI 12:7-46 1st OffensePer Se 0.08% or more but
less than 0.10% oroperating under the
influence of alcohol
1st OffensePer Se 0.10% or more
of alcohol or under theinfluence of drugs
2nd Offense 3rd or subsequent Offense
Fine $250 $300 to $500 $500 to $1,000 $1,000
Jail Not less than 48 hours, nor morethan 90 days Not less than 180 days, Court canreduce for up to 90 days Comm.
Serv.
Suspend/RevokeDL 3 months 7 months to 1 year 2 years 10 years
Suspend/RevokeVessel Privilege 1 year 2 years 10 years
Comm Serv. 30 days Up to 90 days, discretion of Court
Other Penalties VCCB $50 VCCB $50 VCCB $50 VCCB $50
IDRC Referral to IDRC Referral to IDRC Referral to IDRC Referral to IDRC
Boat SafetyCourse
12:7-46e
Required attendance Required attendance Required attendance Required attendance
Operator under 17years old
12:7-46d
Suspension driving privilege until age 17 PLUS 3months, unless there is prior Title 39 suspension, then
suspension begins at end of Title 39 suspension.
Suspension driving privilege untilage 17 PLUS 6 months, unless there
is prior Title 39 suspension, thensuspension begins at end of Title 39
suspension.
Suspension driving privilege untilage 17 PLUS 2 years, unless there is
prior Title 39 suspension, thensuspension begins at end of Title 39
suspension.

DWI Refusal, N.J.S.A. 39:4-50.4a. (Non School Zone School Zone Offfenses) 7

2009-09-05T06:23:00.001-07:00

DWI Refusal, N.J.S.A. 39:4-50.4a. (Non School Zone & School Zone Offfenses) 7
DWI Refusal, N.J.S.A. 39:4-50.4a.a.
DWI Refusal39:4-50.4a.a. 1st Offense 2nd Offense 3rd or subsequent Offense
Fine 39:4-50.4a(2)(a) no less than $300, no more that $500 no less than $500, no more than $1,000 $1,000 fine
DL Revoke/Suspend39:4-50.4a(2)(a) Suspension not less than 7 months, notmore than 1 year
Revocation/suspension to be concurrentor consecutive to suspension for 39:4-50
arising from same incident
2 year driver’s license suspension to beconsecutive to any revocation for 39:4-
50
10 year driver’s license suspension to beconsecutive to any revocation for 39:4-
50
Other $ Penalties DDEF $100Other mandatory fines
under N.J.S.A. 39:5-41
DDEF $100Other mandatory fines
under N.J.S.A. 39:5-41
DDEF $100Other mandatory fines
under N.J.S.A. 39:5-41
IDRC referral to IDRC referral to IDRC referral to IDRC
DWI Refusal in a School Zone, N.J.S.A. 39:4-50.4a.b.
DWI Refusal in a School Zone39:4-50.4a.b. 1st Offense 2nd Offense 3rd or subsequent Offense
Fine - School Zone39:4-50.4a(2)(b) no less than $600, no more than $1,000 No less than $1,000, no more than$2,000 $2,000
DL Revoke/Suspend - School Zone39:4-50.4a(2)(b) DL Suspension not less than 1 year, notmore than 2 years
To run consecutively or concurrent withany suspension for DWI, at the
discretion of the court
4 years suspension DL 20 year suspension DL
Other $ Penalties DDEF $100Other mandatory fines
under N.J.S.A. 39:5-41
DDEF $100Other mandatory fines
under N.J.S.A. 39:5-41
DDEF $100Other mandatory fines
under N.J.S.A. 39:5-41
DWI Refusal in a School Zone39:4-50.4a.b. 1st Offense 2nd Offense 3rd or subsequent Offense
IDRC referral to IDRC referral to IDRC referral to IDRC

REFUSAL TO SUBMIT TO CHEMICAL BREATH TESTING N.J.S.A. 39:4-50.4a.

2009-09-05T06:22:00.001-07:00

REFUSAL TO SUBMIT TO CHEMICAL BREATH TESTING N.J.S.A. 39:4-50.4a.
N.J.S.A. 39:4-50.4a (2)(a) Refusal to Submit to Chemical Breath Test (as amended L.2004, c.8, effecti ve 4-26-2004)
! Every motorist who operates a motor vehicle in New Jersey deems consent to submit to a chemical breath test to determineblood alcohol content. N.J.S.A. 39:4-50.2 (Implied Consent Statute).
! Conviction is based upon “preponderance,” standard of evidence
! Conviction or administrative determination of violation of law of substantially similar nature, another jurisdiction is priorconviction.
N.J.S.A. 39:4-50.4a(2)(b) Refusal to Submit to Chemical Breath Test Driving When Operating in a School Zone
! Same elements as N.J.S.A. 39:4-50.4(a) PLUS:
! The violation occurs while:
! On any school property used for school purposed which is owned by or leased to any elementary or secondary schoolor school board, or within 1,000 feet of such school property;
! driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, hasdesignated the school crossing as such; or
! driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipalityhas not designated the school crossing as such by ordinance or resolution.

DWI in School Zone, N.J.S.A. 39:4-50(g) 4 School ZoneDWI 39:4-50(g)Oper. or Allowing

2009-09-05T06:21:00.002-07:00

DWI in School Zone, N.J.S.A. 39:4-50(g) 4
School ZoneDWI
39:4-50(g)Oper. or
Allowing
1st OffensePer Se 0.08% or more or operating under the
influence of alcohol or drugs39:4-50(a)(1)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
Fines $500 - $800 (no differentiation based on per seBAC reading) 39:4-50(g) $1,000 - $2,000 39:4-50(g) $2,00039:4-50(g)
Jail Up to 60 days (no differentiation based on per seBAC reading) Not less than 96 hours, with a maximum of 180days.
May reduce by 90 days with community service
Incarceration not less than 180 days, exceptcourt may lower such term for each day, not
exceeding 90 days, served in inpatient facilityapproved by IDRC
RevokeSuspend Suspension not less than 1 year not more than 2years after period of incarceration
Under 17 to run thru 17th birth date &thereafter for not less than 1 year not more than
2 years (No differentiation based on per se BACreading)
Suspension 4 years after period of incarcerationUnder 17 to run thru 17th birth date &
thereafter for 4 years
Suspension 20 years after period ofincarceration
Under 17 to run thru 17th birth date &thereafter for 20 years
CommService No community service for 1st offense 60 days in school zone No community service for 3rd or subsequentoffense
IDRC 12 to 48 hours IDRC & satisfy the screening,evaluation & referral requirements to be
completed on 2 consecutive days of at least 6hours each. If these requirements are not met,
then mandatory 2-day term of imprisonment &suspension DL until requirements are satisfied.
(no differentiation based on per se BAC reading)
Satisfy the screening, evaluation & referralrequirements of the IDRC. If requirements not
met, then mandatory 2-day term of imprisonment& suspension DL until requirements are
satisfied.
Satisfy the screening, evaluation & referralrequirements of the IDRC. If requirements not
met, then mandatory 2-day term of imprisonment& suspension DL until requirements are
satisfied.Jail cannot be served in IDR Center
Other $Penalties VCCB $50DDEF $100
SNSF $75N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
DWI in School Zone, N.J.S.A. 39:4-50(g) 5
School ZoneDWI
39:4-50(g)Oper. or
Allowing
1st OffensePer Se 0.08% or more or operating under the
influence of alcohol or drugs39:4-50(a)(1)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
OtherNon $
Penalties39:4-50(h)
May order participation in supervised visitationprogram as either a condition of probation or a
form of community service(No differentiation based on per se BAC
reading)
Court may order participation in supervisedvisitation program as either a condition of
probation or a form of community service
Court may order participation in supervisedvisitation program as either a condition of
probation or a form of community service, AND
BAIID orRevoke Regis. May order installation of an interlock device onevery owned, leased or regularly operated vehicle
for not less than 6 months to not more than 1year after the expiration of the period of
suspension.No registration revocation for first offense
(No differentiation based on per se BACreading)
Court shall order installation of ignitioninterlock device on every owned, leased or
regularly operated vehicle for not less than 1year to nor more than 3 years after the
expiration of the period of suspension, OR Court shall revoke registration certificate &
plates for 2 years 39:3-40.1 (a)(1)
Court shall order installation of ignitioninterlock device on every owned, leased or
regularly operated vehicle for not less than 1year to nor more than 3 years after the
expiration of the period of suspension, ORCourt shall revoke registration certificate &
plates for 10 years 39:3-40.1 (a)(1)

39:4-50Oper. or Allowing

2009-09-05T06:21:00.001-07:00

DWI
39:4-50Oper. or
Allowing
1st OffensePer Se 0.08% or more but less
than 0.10% or operating underthe influence of alcohol
39:4-50(a)(1)(i.)
1st OffensePer Se 0.10% or more
of alcohol or drugs at anyintoxicating level
39:4-50(a)(1)(ii)
2nd OffenseWithin 10 years of previous
violation including foreignconvictions
39:4-50(a)(2)
3rd ORSubsequent Offense
Within 10 years of previous violationincluding foreign convictions
39:4-50(a)(3)
IDRC 12 to 48 hours IDRC & satisfy the screening, evaluation & referralrequirements to be completed on 2 consecutive days of at least 6 hours
each. If these requirements are not met, then mandatory 2-day term ofimprisonment & suspension DL until requirements are satisfied.
(no differentiation based on per se BAC reading)
Subject to 39:4-50(b)Satisfy the screening, evaluation &
referral requirements of the IDRC.If requirements not met, then
mandatory 2-day term ofimprisonment & suspension DL
until requirements are satisfied.
Subject to 39:4-50(h)Satisfy the screening, evaluation &
referral requirements of the IDRC. Ifrequirements not met, then mandatory
2-day term of imprisonment &suspension DL until requirements are
satisfied.Jail cannot be served in IDR Center
BAIID orRevoke
Regis.
May order installation of an interlock device on every owned, leased orregularly operated vehicle for not less than 6 months to not more than 1
year after the expiration of the period of suspension.No registration revocation for first offense
(No differentiation based on per se BAC reading)
Court shall order installation ofignition interlock device on every
owned, leased or regularly operatedvehicle for not less than 1 year to
nor more than 3 years after theexpiration of the period of
suspension, OR Court shall revoke registration
certificate & plates for 2 years39:3-40.1 (a)(1)
[Corrected 6-6-05]
Court shall order installation of ignitioninterlock device on every owned, leased
or regularly operated vehicle for not lessthan 1 year to nor more than 3 years
after the expiration of the period ofsuspension, OR
Court shall revoke registrationcertificate & plates for 10 years for a
third or subsequent offense39:3-40.1 (a)(1)
[Corrected 6-6-05]

SENTENCES PENALTIES SELECTED MV OFFENSES N.J.S.A. 39:4-50(a) Driving While Intoxicated

2009-09-05T06:20:00.000-07:00

SENTENCES & PENALTIES SELECTED MV OFFENSES
N.J.S.A. 39:4-50(a) Driving While Intoxicated
! Person operates a motor vehicle or permits another to operate a motor vehicle
! While under the influence of intoxicating liquor, narcotic, or habit producing drug
! Defined as: a substantial deterioration or diminution of the mental faculties or physical capabilities.
! State may convict based solely on observation evidence of motorist.
! Or while the operator has a blood alcohol concentration
! of 0.08% or more, but less than 0.10%
! of 0.10% or more
N.J.S.A. 39:4-50(g) Driving While Intoxicated In a School Zone
! Same elements as N.J.S.A. 39:4-50(a) PLUS:
! The violation occurs while:
! On any school property used for school purposed which is owned by or leased to any elementary or secondary schoolor school board, or within 1,000 feet of such school property;
! driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, hasdesignated the school crossing as such; or
! driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipalityhas not designated the school crossing as such by ordinance or resolution.
DWI, N.J.S.A. 39:4-50 2
DWI
39:4-50Oper. or
Allowing
1st OffensePer Se 0.08% or more but less
than 0.10% or operating underthe influence of alcohol
39:4-50(a)(1)(i.)
1st OffensePer Se 0.10% or more
of alcohol or drugs at anyintoxicating level
39:4-50(a)(1)(ii)
2nd OffenseWithin 10 years of previous
violation including foreignconvictions
39:4-50(a)(2)
3rd ORSubsequent Offense
Within 10 years of previous violationincluding foreign convictions
39:4-50(a)(3)
Fines $250 - $400 $300 - $500 $500 - $1000 $1000
Jail In court's discretion,incarceration not exceeding 30
days
In court's discretion,incarceration not exceeding 30 days Incarceration of not less than 48 consecutive hours to nor more than
90 days; 30 days community service
Incarceration not less than 180 days,except court may lower such term for
each day, not exceeding 90 days, servedin inpatient facility approved by IDRC
DLRevoke
Suspend
Suspension 3 month Suspension not less than 7 months,not more than 1 year Suspension 2 years Suspension 10 year
RevokeSuspend
Under17
Suspension to run thru 17th birthdate & thereafter for 3 month Suspension to run thru 17th birthdate & thereafter for not less than 7
months, not more than 1 year
Suspension to run thru 17th birthdate & thereafter for 2 years Suspension to run thru 17th birth date& thereafter for 10 years
Other $Penalties VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75N.J.S.A 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
OtherNon $
Penalties39:4-50(h)
May order participation in supervised visitation program as either acondition of probation or a form of community service
(No differentiation based on per se BAC reading)
Court may order participation insupervised visitation program as
either a condition of probation or aform of community service
Court may order participation insupervised visitation program as either a
condition of probation or a form ofcommunity service, AND
CommService No community service for 1st offense Shall serve 30 days60 days in school zone 39:4-50(g) No community service for 3rd orsubsequent offense

Fines and Penalties of Common Motor Vehicle Offenses NOTICE TO THE BAR

2009-06-25T14:26:00.001-07:00

NOTICE TO THE BAR

Fines and Penalties of Common Motor Vehicle Offenses

Published with this notice is a revised schedule of Fines and Penalties of
Common Motor Vehicle Offenses (formerly the “Minimum Mandatory Fines and
Penalties Schedule”). The schedule includes only selected offenses commonly charged
under Title 39 of the New Jersey Statutes, not all chargeable motor vehicle offenses.
Please note that court costs and mandatory assessments are not included in the fine
amounts. The revisions are current through October 2008.

The schedule is being provided for the convenience of municipal court
practitioners. This is the first revision of the schedule since August 2004.

This notice and the appended schedule also will be posted on the Judiciary’s
Internet website (www.njcourtsonline.com).

/s/ Glenn A. Grant
_____________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

Dated: December 2, 2008

Fines and Penalties of Common Motor Vehicle Offenses
This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and does not contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing any
sentence.
The fines listed here DO NOT include court costs, so you may add court costs up to a maximum of $33.00, $5.50 of which may not be suspended. See N.J.S.A. 22A:3-4. The listed fines also do not include the assessments found in N.J.S.A. 39:5-41, which, as of the date
of this schedule, total $6.00. Reference should be made to this statute to determine the correct amount of the assessments, at the time of sentencing.
If the "VCCA" box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Agency assessment of $50 in accordance with N.J.S.A. 2C:43-3.1. Similarly, if the "Safe Neigh." box is checked, the offense is subject to the
mandatory Safe Neighborhood assessment of $75 in accordance with N.J.S.A. 2C:43-3.2.
If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an area which has been designated as having a speed limit of 65 miles per hour. N.J.S.A. 39:4-98.6. Similarly, if the "Con. Zone/Safe Cor" box is
checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in a designated safe corridor. N.J.S.A. 39:4-203.5.
October, 2008
In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any offense found in subtitle 1 of Title 39, N.J.S.A. 39:1-1 to 39:5G-1. See N.J.S.A. 39:5-31.
If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule. REMEMBER that the payable amounts listed in the Violations Bureau Schedule DO include court costs and assessments, so court costs and assessments
should never be added to the payable amount.
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-6.13(a) Registration card of apportioned vehicle not in
vehicle
39:3-6.17 $500 $500
Tuesday, October 14, 2008 Page 1 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-9a Failure to notify change in name 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500
39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500
39:3-10 Driving without a license where offender has never
been licensed in N.J. or elsewhere
Fine or imprisonment for not more than 60 days and no license to
issue for at least 180 days
$200 $500
39:3-10 Driving without a license where the offender has
been licensed in NJ or elsewhere
Fine or imprisonment in the county jail for not more than 60 days None $500
39:3-10.18(a) Failure to possess valid commercial driver’s license Fine or imprisonment up to 60 days, or both $250 $500
39:3-10.18(b) Driving a commercial vehicle after driver's
license has been suspended
1) Fine or imprisonment up to 90 days, or both
2) If accident with personal injury to another occurs while violating
this section, 90 days imprisonment, $5000 fine and
suspension of commercial driving privileges in accordance with
N.J.S.A. 39:3-10.20(f)
$500 $5000
39:3-10.24 Refusal to consent to taking samples of breath
after arrest for operating commercial vehicle under
the influence pursuant to N.J.S.A. 39:3-10.13
First offense: Fine and six month revocation of driver's license, and
satisfy the requirements of a program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
39:3-10.24 Refusal to consent to taking samples of breath
after arrest for operating commercial vehicle under
the influence pursuant to N.J.S.A. 39:3-10.13
Subsequent offense: Fine and 2 year revocation of driver's license,
and satisfy the requirements of a program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
Tuesday, October 14, 2008 Page 2 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-12 Illegal securing of driver’s license Fine or imprisonment for not less than 30 days nor more than 90
days, or both
$200 $500
39:3-13.2a Violation of conditions of the special learner's
permit, other than conviction of alcohol or
drug related offense
39:3-13.8 $100 $100
39:3-20(e) Weight in excess of limitation permitted by
certificate of registration for commercial vehicles
Plus $100 per 1000 lbs. or fraction thereof of excess weight $500 none
39:3-20.1 Misuse of registration of empty trucks 39:3-20.2 Fine and suspension or revocation of the privilege $25 $100
39:3-27.11 Misuse of fire department or first aid squad plates 39:3-27.12 $25 $50
39:3-27.17 Misuse of disabled veteran plates 39:3-27.18 $25 $50
39:3-27.21 Misuse of commuter van plates 39:3-27.22 $25 $50
39:3-27.27 Misuse of street rod plates $25 $50
39:3-29 Failure to exhibit documents If person can exhibit card to judge, then judge can dismiss but can
impose costs
$150 $150
39:3-29 Failure of omnibus driver to exhibit documents If person can exhibit card to judge, then judge can dismiss but can
impose costs
$250 $250
39:3-29.8(a) Display/poss fictitious ID 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(b) Lend I.D. card to another 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
Tuesday, October 14, 2008 Page 3 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-29.8(c) Display/represent ID card not issued to him/her 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(d) Permit unlawful use of ID card 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(e) Utilization of ID card for forbidden acts 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(f) Reproduction of I.D. cards 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(g) Alteration of I.D. cards 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-35 Lending or misusing registration certificate or
plates
$25 $50
39:3-37 Falsifying application on examination Fine or imprisonment for not more than 6 months, or both $200 $500
39:3-38 Counterfeiting plate or marker Fine or revocation of driver’s license not exceeding 6 months $50 $100
39:3-38 Using other than issued marker $25 $50
39:3-40 Driving when license refused, suspended,
revoked or prohibited
(See attached chart at the end of the schedule)
39:3-47(c) No altering equipment to defeat inspection 39:3-79 None $25
39:3-54.7 Unauthorized person operating emergency lights 39:3-54.13 None $200
Tuesday, October 14, 2008 Page 4 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-54.10 More than 2 emergency warning lights on vehicle 39:3-54.13 Privilege to operate emergency warning lights may be suspended
or revoked
None $100
39:3-64(c) Warning signal required for disabled vehicle 39:3-79 None $25
39:3-66 Maintenance of lamps, reflectors, etc. 39:3-79 None $25
39:3-69 Horns and audible warning devices 39:3-79 None $25
39:3-70 Mufflers 39:3-79 None $25
39:3-70.2 Air pollution from motor vehicles and school buses Fine is per day/per vehicle $250 $1000
39:3-71 Mirrors 39:3-79 None $25
39:3-72 Tire Equipment 39:3-79 None $25
39:3-74 Windshields must be unobstructed and equipped
with cleaners
39:3-79 None $25
39:3-75 Safety glass 39:3-79 None $25
39:3-76.2 Sale or operation of vehicle without safety belts 39:3-79 None $25
39:3-76.2a Restraint or booster seat for child under age 8 39:3-76.2d Fine shall be suspended if defendant can prove possession
and use of approved restraint
$10 $25
39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20
39:3-76.5 Failure to equip motorcycles with
permanent seat and footrests for passenger
$50 $100
Tuesday, October 14, 2008 Page 5 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-79.8 Prohibition of supplying fuel to vehicle without label First offense (penalty may be collected in accordance with
N.J.S.A. 2A: 58-10 et seq.)
$25 $25
Subsequent offense (penalty may be collected in accordance with
N.J.S.A. 2A:58-10 et seq.)
$50 $50
39:3-80 Vehicle with inferior tires First offense $50 $100
Subsequent offense $100 $200
39:3-81 Tires fitted with projections Penalty may be collected in accordance with N.J.S.A. 2A:58-
10 et seq.
$25 $50
39:3-84.3(i) Violation of dimensional limitations $150 $500
39:3-84.3(j) Violation of weight limitations Fine an amount equal to $0.02 per pound for each pound of the total
excess weight provided the total excess weight is 10,000 Ibs. or
less, or shall be fined an amount equal to $0.03 per pound for each
pound of the total excess weight provided that the total excess
weight is more than 10,000 lbs., but in no event should the fine be
less than $50
$50 none
39:3-84.3(l) Violation of designated routes First offense none $400
Second offense $700 $700
Subsequent offense $1000 $1000
39:3B-25 School bus driver using cell phone $250 $500
39:3C-17(a) Operating snowmobiles/all terrain vehicles on limited
access highway
39:3C-28 $100 $200
Tuesday, October 14, 2008 Page 6 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-14.4 Sale of bike without reflectors 39:4-14.8 First Offense None $50
Subsequent Offense $100 $100
39:4-14.10(e) Failure to wear helmet while operating electric
personal assistive mobility device violations
39:4-14.11 First offense: Warning none none
39:4-14.11 Second offense $10 $10
39:4-14.11 Third or subsequent offense, requires court to impound the
device for not more than 30 days. A person who fails to comply with
the requirements governing warning notices shall be fined not
more than $100 for each violation.
none none
39:4-36 Driver to yield to pedestrian at crosswalk Fine or imprisonment not to exceed 15 days $100 $100
39:4-48 Operating or using a vehicle without consent of
owner
$100 none
39:4-49 Tampering with vehicle First offense $10 $50
Subsequent offense: Fine or imprisonment not exceeding 30
days, or both
$50 $100
39:4-49.1 Operation of a motor vehicle while in possession
of controlled dangerous substance
Fine and 2 years suspension of driver’s license $50 none
39:4-50 Operating under the influence (See attached chart at the end of the schedule)
39:4-50.4a Refusal to undergo breathalyzer test (See attached chart at the end of the schedule)
Tuesday, October 14, 2008 Page 7 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-50.14 Operation of motor vehicle by person whose blood
alcohol is between .01% and .08% and is under the
legal age to purchase alcoholic beverages
Loss of license for not less than 30 days nor more than 90 days and
perform community service for not less than 15 days nor more than
30 days. In addition, must satisfy program and fee requirements of
the IDRC or participate in a program of alcohol education and
highway safety. Penalties shall be in addition to the penalties which
the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-
81, N.J.S.A. 39:4-50, or any other law
39:4-50.15(b) Parent driving while intoxicated with child in car 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:4-50.19(b) Circumventing interlock device 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:4-51a Consumption of alcoholic beverage by operator or
passenger
First offense $200 $200
Second or subsequent offense: Fine or 10 days community service $250 $250
39:4-51b Possession of open container of alcohol in
passenger compartment
First offense $200 $200
Subsequent offense: Fine or community service for 10 days $250 $250
39:4-52 Racing on highway First offense $25 $100
Subsequent offense $100 $200
39:4-53 Leaving vehicle with engine running $10 $25
39:4-56 Delaying traffic 39:4-203 Fine and imprisonment for a term not exceeding 15 days None $50
Tuesday, October 14, 2008 Page 8 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-56.1 Willful abandonment of motor vehicle to obstruct
traffic
39:4-56.2 Fine and suspension of driver’s license not less than 1 year nor
more than 5 years
$200 $500
Subsequent offense: Fine and suspension of driver's license for 5
years
$500 $1000
39:4-56.5 Abandonment of motor vehicle First offense: Fine and license or driving privileges may be
suspended or revoked by Administrator of MVC for not more
than 2 years
$100 $500
Subsequent offense: Fine and license or driving privileges may
be suspended or revoked by Administrator of MVC for a period
of not more than 5 years
$500 $1000
39:4-56.8 Failure of towing service to tow disabled vehicle $25 $50
39:4-63 Placing, throwing, or depositing injurious
substances on highway
Fine and may forfeit right to operate a motor vehicle for 30 days $100 $500
39:4-64 Throwing or dropping debris from a vehicle $200 $1000
39:4-66.2 Operation of motor vehicle on public or private
property to avoid traffic signal
Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-67 Obstructing passage of vehicles 39:4-203 Fine and imprisonment for a term not exceeding 15 days, or both None $50
Tuesday, October 14, 2008 Page 9 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-76 Driving overweight vehicle on interstate bridge $0.02 per pound for each pound of excess weight if the excess does
not exceed 10,000 pounds, and $0.03 per pound for each pound of
excess weight if the excess weight exceeds 10,000 pounds, but in no
event less than $50.00. In addition, the owner of the vehicle
shall be responsible for damages to the bridge
$50 none
39:4-77.1 Snow or ice falling off moving vehicle- non-
commercial vehicle
$200 $1000
39:4-77.1 Snow or ice falling off moving vehicle-
commercial vehicle
$500 $1500
39:4-80 Failure to obey directions of officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-81 Failure to obey traffic control device 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-82 Failure to keep right 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-82.1 Failure to drive on right-hand roadway 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-83 Failure to keep to right at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-84 Failure to pass to right when proceeding in
opposite direction
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-85 Failure to pass to left when overtaking 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-85.1 Wrong way on one-way street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
Tuesday, October 14, 2008 Page 10 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-86 Failure to overtake and pass properly 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-87 Failure to give overtaking vehicle right of way 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-87.1 Failure to yield to bus 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-88 Failure to drive properly in marked lanes 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-89 Following vehicle too closely 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-90 Failure to yield right of way at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-90.1 Entering or leaving limited access highways
improperly
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-91 Failure to yield right of way to emergency vehicles 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-92 Failure to pull over for emergency vehicles and
following an emergency vehicle too closely
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-92.1 Following fire department vehicle too closely back to
fire station
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-94 Train unnecessarily blocking highway 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60
days, or both
$50 $200
Second or subsequent offense: Fine or imprisonment not
exceeding 3 months, or both
$100 $500
Tuesday, October 14, 2008 Page 11 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-97 Careless driving 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97a Motor vehicle operation causing property damage 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97.1 Slow speed as to block traffic 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97.2 Operating a motor vehicle in an unsafe manner,
endangering persons or property
First offense; $250 surcharge $50 $150
Second offense; $250 surcharge $100 $250
Third or subsequent offense; $250 surcharge $200 $500
39:4-97.3 Operating a motor vehicle while using a cell phone 39:4-97.3(d) If used as an alternative in a plea agreement, then same as penalty
for N.J.S.A. 39:4-97.2
$100 $100
39:4-98 Speeding 39:4-104 39:4-98.7 Fine or imprisonment not exceeding 15 days, or both when
guilty. Fine doubled when driving 20 mph over speed limit or 10 mph
over in a 65 mph zone
$50 $200
39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-116 Failure to make proper turn at arrow 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-117 Special pedestrian interval; pedestrian violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-117 Special pedestrian interval; motorist violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
Tuesday, October 14, 2008 Page 12 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-119 Failure to observe flashing traffic signals 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-120.9 Motorists required to obey traffic control device at
public-private intersection
39:4-120.10 39:4-203 Fine or improsonment for a term not exceeding 15 days, or both $50 $200
39:4-122 Failure to obey whistle of police officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-124 Failure to turn as indicated by buttons or markers at
intersection
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-125 U-Turn on curve or grade where view obstructed or
"No-U-Turn" sign
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-126 Failure to signal before starting, turning or stopping 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127.1 Failure to stop at railroad crossings 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127.2 Failure to stop at approaches to movable
span bridges
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-128.1 Passing school bus while picking up or discharging First offense: Fine or imprisonment not exceeding 15
days or 15 days community service, or both
$100 none
Subsequent offense: Fine or imprisonment not exceeding 15
days, or both
$250 none
Tuesday, October 14, 2008 Page 13 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-129(a) Leaving the scene of accident involving injury or
death
First offense: Fine or 180 days imprisonment, or both, and
suspension of driving privileges for 1 year from date of conviction.
Imprisonment shall be imposed only if death or injury to another
person
$2500 $5000
Subsequent offense: Fine or 180 days imprisonment from date of
conviction, or both, and permanent forfeiture of driver's license.
Imprisonment shall be imposed only if death or injury to another
person
$2500 $5000
39:4-129(b) Leaving the scene of accident involving
damages to attended vehicle or property
First offense: Fine or imprisonment not exceeding 30
days, or both, and suspension of driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 90 days, or both, and suspension of driving
privileges for 1 year from date of conviction
$400 $600
39:4-129(d) Leaving the scene of accident involving
damages to unattended vehicle or property
First offense: Fine or imprisonment not exceeding 30
days, or both, and suspension of driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 90 days, or both, and suspension of driving
privileges for 1 year from date of conviction
$400 $600
39:4-130 Failure to report accident $30 $100
Tuesday, October 14, 2008 Page 14 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-132 Failure of repairman to report damages Fine or imprisonment not less than 30 days nor more than 90 days, or
both
$100 $500
39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-207.9 Failure to maintain handicapped parking space $500 $1000
39:4-208 Improper traffic & parking on State property 39:4-209 $1 $15
39:4-208 Altering, conterfeiting or misuse of State parking
permits
39:4-209 none $50
39:5C-1 Racing or making speed records First offense; disorderly persons offense $25 $100
Subsequent offense: Fine or imprisonment for not more than 90
days or both; disorderly persons offense
$100 $200
39:6B-2 Failure to carry motor vehicle insurance coverage First offense: Fine and a period of community service as determined
by the court, and suspension of driving privileges for 1 year
$300 $1000
Subsequent offense: Fine and shall be subject to 14 days
imprisonment, and 30 days community service and
suspension of driving privileges for 2 years from date of conviction
none $5000
39:8-18 Affixing approval sticker without re-inspection or
conformity to standards
First offense: Fine and suspension of re-inspection center’s license
for at least 1 year but not more than 3 years
$1000 $1500
Subsequent offense: Fine and permanent revocation of
reinspection center's license
$2000 $3500
Tuesday, October 14, 2008 Page 15 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:8-48 Private agency affixes certificate without motor
vehicle inspection
Possible suspension of facility license for a period of not less
than 6 months
$500 None
39:9-2 Commercial driver exceeding maximum
permitted on-duty hours
39:9-4 First offense: If default in payment of fine, defendant shall be
imprisoned for not more than 5 days
$25 $25
Subsequent offense: If default in payment of fine, defendant shall
be imprisoned for not more than 10 days
$50 $50
39:10-10 Failure to deliver certificate of ownership $25 $25
39:10-11(a) Fail to submit evidence of purchase to director 39:10-20 First offense None $500
Subsequent offense: Suspend driver's license for less than
unexpired term or revoke
None $1000
39:10-12 False application for a duplicate certificate of
ownership
Fine or imprisonment not exceeding 30 days, or both $200 $500
39:10-26 Motor vehicle dealer selling vehicle that does not meet
standard
39:10-30 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:10-27 Seller of used vehicle fails to make repair 39:10-30 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:10B-2 Identification of motor component parts: Violation
of record maintenance requirements
Fine or imprisonment not exceeding 90 days, or both. $25 $100
39:11-3 Operating a junk yard without a license 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100
Tuesday, October 14, 2008 Page 16 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:11-9 Failure of junk yard owner to certify the condition of
vehicles sold
39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100
39:12-2 Operating a driving school without a license 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-2.1 Failure of driving school instructor to receive
required training
39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-5 Driving school employing an unlicensed instructor 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-11 Driving school failing to keep records 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
Tuesday, October 14, 2008 Page 17 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:12-15 Failure to wear seat belts in driver's school
(instructor and student)
First offense $25 $25
Subsequent offense $50 $50
Tuesday, October 14, 2008 Page 18 of 18
October 6, 2008 Page 1 of 13

N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50(g)
Offense 39:4-50
Driving while intoxicated
1st Offense - BAC 0.08% or - $250 to $400 fine, and higher, but less than .10% or
observation case - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and

- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for a period of 3 months, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation programs either a condition of probation or a form of
community service, and
- may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and
- 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.
1st Offense - BAC 0.10% or - $300 to $500 fine, and
higher or operation under influence of drugs
- IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and

- driver's license suspension for not less than 7 months nor more than 1 year, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation program as either a condition of probation or a form of community service, and
October 6, 2008 Page 2 of 13
1
st Offense – BAC 0.10% Cont. - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- 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.

- $500 to $1000 fine, and 2nd Offense
- imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on
probation, nor more than 90 days, and
- driver's license suspension for 2 years, and
- community service for 30 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form of community service, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
shall revoke all registration certificates and registration plates for 2 years, and
- 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.
3rd or Subsequent Offense - $1000 fine, and

- imprisonment not less than 180 days in county jail or workhouse, except that 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
- driver's license suspension for 10 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form of community service, and
October 6, 2008 Page 3 of 13

- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 10 years, and
- 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.

Please Note Please Note: If the second offense 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.

October 6, 2008 Page 4 of 13
Offense 39:4-50(g)
Driving while intoxicated while on school property
1st Offense - $500 to $800 fine, and
- imprisonment not exceeding 60 days, and
- driver's license suspension for not less than 1 year nor more than 2 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- 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.
2nd Offense - $1000 to $2000 fine, and
- imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not
exceeding 90 days, served performing community service, and
- driver's license suspension for 4 years, and
- community service for 60 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- 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.

October 6, 2008 Page 5 of 13
3rd or Subsequent - $2000 fine, and
- imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the
defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and
- driver's license suspension for 20 years to start upon completion of any prison sentence, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- 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.

October 6, 2008 Page 6 of 13

N.J.S.A. 39:4-50.4a
Offense 39:4-50.4a
Refusal to submit to chemical test (penalty provision at N.J.S.A. 39:4-50.4a(a)
1st Offense - $300 to $500 fine, and

- driver's license suspension not less than 7 months or more than 1 year (consecutive to any revocation
imposed under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent), and
- DDEF $100, and
- shall refer offender to IDRC.

2nd Offense - $500 to $1000 fine, and
- driver's license suspension for 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $1000 fine, and
- driver's license suspension for 10 years (consecutive to any revocation imposed under
N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008 Page 7 of 13
Offense 39:4-50.4a
Refusal to submit to chemical test on school property (penalty provision at N.J.S.A. 39:4-50.4a(b)
1st Offense - $600 to $1000 fine, and
- driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation
imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $1000 to $2000 fine, and
- driver's license suspension for 4 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $2000 fine, and
- driver's license suspension for 20 years (consecutive to any revocation imposed under
N.J.S.A. 39:4- 50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008 Page 8 of 13

N.J.S.A. 39:3-40 October, 2008
Note: For all offenses under this statute 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).
Offense 39:3-40
Driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense. (N.J.S.A. 39:3-40(j)).
3rd or Subsequent Offense
- $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 9 of 13
Offense 39:3-40 (f) (1)
Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more than 30 months, and
- may impose imprisonment not more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- may impose period of imprisonment of not more than 90 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- imprisonment for not less than 10 days, nor more than 90 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 10 of 13
Offense 39:3-40 (f) (2)
Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
1st Offense
- $1000 fine, and
-driver's license suspension of not less than 12 months, nor more than 30 months, and
-imprisonment of not less than 10 days, nor more than 90 days, and
-revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1)
2nd Offense
-$1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.
October 6, 2008 Page 11 of 13
Offense 39:3-40 (f) (3)
Driving while license suspended in a school zone due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)
1st Offense
- $1000 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 60 days nor more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 120 days nor more than 150 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment for 180 days, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 12 of 13
Offense 39:3-40 (g)
Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 3rd offense occurs within 5 years of a conviction of 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), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 13 of 13
Offense 39:3-40(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.
1st Offense
- maximum $100 fine upon proof that the violator has satisfied the parking tickets