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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Friday, July 31, 2015

NJAC 13:19-11.1 Suspension period determined by N.J.S.A. 39:4-50 and 39:4-50.4a

TITLE 13. LAW AND PUBLIC SAFETY  
CHAPTER 19. COMPLIANCE AND SAFETY  
SUBCHAPTER 11. SUSPENSION FOR OUT-OF-STATE CONVICTIONS; ADMINISTRATIVE DETERMINATIONS AND BAIL FORFEITURES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REFUSAL TO SUBMIT TO CHEMICAL TEST

N.J.A.C. 13:19-11.1 (2015)

§ 13:19-11.1 Suspension period determined by N.J.S.A. 39:4-50 and 39:4-50.4a

   (a) Out-of-state convictions, administrative determinations or bail forfeitures for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be given the same effect as if such conviction, administrative determination or bail forfeiture had occurred in this State.

(b) The driving privileges of a New Jersey licensee who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended for the minimum term specified in N.J.S.A. 39:4-50 or 39:4-50.4a. If the out-of-State conviction or administrative determination constitutes said driver's second, third or subsequent violation for operating while under the influence, a suspension shall be imposed under N.J.S.A. 39:4-50 corresponding to the number of the violation. If the out-of-State conviction or administrative determination for refusal to submit to a chemical test was a subsequent refusal or was in connection with said driver's subsequent offenses for operating while under the influence, a suspension shall be imposed for the term specified for subsequent offenses in N.J.S.A. 39:4-50.4a.

(c) The driving privileges of a New Jersey licensee who incurs an out-of-State bail forfeiture in connection with a charge of operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the Motor Vehicle Commission pursuant to N.J.S.A. 39:5F-1 et seq.

 
HISTORY:

Amended by R.1999 d.312, effective September 20, 1999.

See: 31 New Jersey Register 1440(a), 31 New Jersey Register 2756(a).

In (b), inserted a reference to administrative determinations in the second sentence, and deleted "suspension" following "driver's" in the third sentence.

Amended by R.2005 d.47, effective February 7, 2005.

See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).

In (c), substituted "Motor Vehicle Commission" for "Division of Motor Vehicles".