39:4-49.1 Drug possession by motor vehicle operator loss of DL for two years

39:4-49.1   Drug possession by motor vehicle operator loss of DL for two years
    No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et seq.) or  any prescription legend drug, unless the person has obtained the substance or  drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

   A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction. 

39:4-183.1. Legal authority

    Traffic signs shall be placed only by the authority of a public body or official having jurisdiction as authorized by law and only for the purpose of regulating, warning or guiding traffic.

    This section, however, shall not prohibit public utility companies or other  authorized persons or companies from erecting temporary MEN WORKING signs to  protect construction, maintenance or repair work on or within a public highway;   provided, such signs conform reasonably to the specifications included in this  act.

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

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

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

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

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

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

Requirements for Out-of-State

Residents Regarding a DUI Conviction

PLEASE BRING THIS ENTIRE PACKET WITH YOU TO ENSURE THE APPROPRIATE

INFORMATION IS SUBMITTED TO THE STATE OF NEW JERSEY.

ALL OFFENDERS must fulfill the TWO requirements below:

1) CONTACT YOUR HOME STATE OFFICE IDENTIFIED ON THE CONTACT

REFERENCE PAGE to determine your state’s certified educational program for DUI

offenders. Attendance and completion is mandatory.

Documentation of completion must be mailed by your certified educational program directly

to the State of New Jersey. Notice of completion must be on certified education program

letterhead and include the following information:

• Client full name and date of birth

• Client address, if different from the cover letter

• Date of Enrollment and Date of Completion

• Number of hours attended

• Program contact person and contact information

- AND -

2) CONTACT A CLINICIAN/COUNSELOR LICENSED OR CERTIFIED IN YOUR

STATE TO PROVIDE CLINICAL DRUG AND ALCOHOL ASSESSMENTS. All

offenders must schedule and participate in a comprehensive drug and alcohol assessment

conducted by a clinician/counselor licensed or certified in your state and complete all

treatment requirements.

Referrals to the appropriately licensed or certified clinician/counselor may be available by

contacting your state agency indicated on the contact reference page. If treatment is

recommended, compliance will not be met until treatment completion is reported.

* If treatment is indicated, length of stay shall be a minimum of sixteen (16) weeks, minimum

one session per week and each session shall be a minimum of one hour.

* If a counselor identifies that treatment is not indicated, supporting documentation is required to

substantiate that treatment is not indicated. This option applies only to individuals with one or

two life-time alcohol or drug related motor vehicle or vessel convictions.

* Individuals with three or more life-time alcohol or drug related motor vehicle or vessel

convictions must participate in a treatment program. NJ law regulations require a

minimum of sixteen weeks length of stay in the determined American Society of Addiction

Medicine (ASAM) level of care.

In all cases, the clinician/counselor must mail the appropriate documentation to support the above

to the state of New Jersey. Documentation in the form of a discharge summary must be on agency

letterhead and include the following:

• Client full name and date of birth.

• Client current address.

• Provide recommendations using ASAM Patient Placement criteria indicating the appropriate

level of care. If client has completed treatment, provide level of care upon admission and

discharge.

• Date of Assessment, Treatment start date and completion date.

• Number of sessions attended.

• Discharge status (treatment complete, refused, no treatment indicated, referral to next level of

care, etc.)

• If a counselor identifies that treatment is not indicated, supporting documentation is required to

substantiate that treatment is not indicated. This option applies only to individuals with one or

two life-time alcohol or drug related motor vehicle or vessel convictions. Multiple offenders

must attend a minimum of sixteen weeks treatment.

• Counselor signature, credentials and contact information.

Note that Section One and Section Two can be done concurrently. However, they cannot

be combined into one program. If the requirements are not completed within six months of the

date of your letter, non-compliance will be issued. Partial compliance is not reviewed by this

office.

This office does not accept faxed copies of documentation. Only mailed originals will be

accepted and reviewed. Case review of documentation submitted occurs only after all

requirements are completed and reported to this office.

Confirmation of mail delivery is not provided via client request. If you require confirmation of

delivery for letters sent to our office, please ensure mail is sent via USPS CERTIFIED postage.

INTOXICATED DRIVING PROGRAM

CONTACT REFERENCES

Please send all program correspondences to:

New Jersey Division of Addiction Services

Intoxicated Driving Program

Out of State Unit

PO BOX 365

Trenton, NJ 08625-0365

To schedule attendance at an alcohol and drug education program in your state, please see the

attached directory.

For information on clinicians/counselors licensed or certified in your state to provide clinical drug

and alcohol assessments, please contact either your home state’s authority or visit the website

Substance Abuse Treatment Facility Locator http://findtreatment.samhsa.gov/

Questions related to driver’s license restoration can be directed to NJ Motor Vehicle Commission:

609-292-7500

To obtain a copy of your life-time New Jersey driving history, please call 609-292-7500 or visit

http://www.state.nj.us/mvc/Licenses/DriverHistory.htm

For copies of court orders, summons, etc., contact your court of conviction. See

http://www.judiciary.state.nj.us/directory/munctadr.pdf

For additional questions or concerns call the NJ DUI HOTLINE: 609-588-7354 or

http://www.state.nj.us/humanservices/das/treatment/idp/

New free mobile app New Jersey Criminal and traffic Statutes

New free mobile app

New Jersey Criminal and traffic Statutes

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Description

This App contains a detailed list of New Jersey Criminal and Traffic statutes as well as informative articles by the top attorney in New Jersey, Mr. Kenneth Vercammen, esq.

Since 1985, KENNETH VERCAMMEN has practiced law in New Jersey and has an extensive resume of legal success.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

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

2A:164-24 . Remission of sentence of prisoners confined in county jail or penitentiary for good conduct good time credit

2A:164-24 .  Remission of sentence of prisoners confined in county jail or penitentiary for good conduct good time credit
    The board of chosen freeholders of any county, or the committee on the discharge of prisoners of such board, may, upon the recommendation of the sheriff or jail warden of the county jail or penitentiary in whose custody any prisoner may be, remit for good conduct from the sentence of any person committed to such county jail or penitentiary, a term not exceeding 1 day for every 6 days of such sentence.  If any such person shall be again convicted and  sentenced to imprisonment in such county jail or penitentiary, he may, in addition to such new sentence, be required at the discretion of the court to serve out the number of days remitted to him on the previous term.

39:3-40 Penalties for driving while license suspended and person is involved in an accident resulting in bodily injury

39:3-40  Penalties for driving while license suspended and person is involved in an accident resulting in bodily injury

e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person; 


39:3-40.  No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a.Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

b.Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

c.Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

d.Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;

f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

(2)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

(3)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing.  Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;

g.(Deleted by amendment, P.L.2009, c.224);

h.A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person: 

(1)Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

(2)Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.

In any case where a person who owns or leases a motor vehicle knows that the operator's license or reciprocity privilege of the person he permits to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days;

i.If the violator's driver's license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;

j.If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.

For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).