Search suppressed where illegal stop State v Zitter

STATE OF NEW JERSEY,

                        Plaintiff-Respondent,

            v.

JASON C. ZITTER,

                      NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

                                                                                    SUPERIOR COURT OF NEW JERSEY

                                                                                    APPELLATE DIVISION

                                                                                    DOCKET NO. A-4806-14T2

 

Submitted June 28, 2016 – Decided

Before Judges Fisher and Fasciale.

On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Municipal Appeal No. 09-03-15.

Law Office of John M. Walsh, PC, attorneys for appellant (John M. Walsh, on the brief).

Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (Gretchen A. Pickering, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

            After unsuccessfully seeking the suppression of evidence obtained as a result of a motor vehicle stop, defendant entered a conditional guilty plea to driving while under the influence, N.J.S.A. 39:4-50, and pursued, by way of an appeal to the Law Division, his contention that the arresting officer lacked reasonable suspicion to stop his vehicle.  The Law Division judge rejected defendant's argument, and defendant appeals, reprising his contention that the officer lacked reasonable suspicion.  We agree with that argument and reverse.

            At a hearing in municipal court, the officer testified the sole ground for the stop arose from his belief that defendant made a right turn without signaling as prohibited by N.J.S.A. 39:4-126, which declares: "[n]o person shall [turn at an intersection or as otherwise defined] without giving an appropriate signal . . . provided in the event any other traffic may be affected by such movement."  There being no dispute that defendant made a turn without signaling, we focus on whether there was evidence to support a finding that the un-signaled turn "affected" "any other traffic." Ibid.

            In municipal court, the arresting officer testified he observed defendant and his companions depart a pizza restaurant in Avalon at 2:34 a.m., on July 18, 2014.  Defendant's vehicle proceeded onto Dune Drive; while following, the officer observed the vehicle turn right onto 22nd Street. From a distance of approximately twenty to twenty-five feet, the officer next observed defendant's vehicle make a right turn onto Ocean Drive; the officer did not see defendant signal in advance of that turn.  A short distance later, defendant signaled for and made a left turn onto 21st Street, and the officer activated his overhead lights. Defendant turned left and then into the driveway of his Harbor Drive residence. In the events that followed, defendant was arrested for driving while under the influence.

            As mentioned, the sole rationale for the vehicle stop was defendant's un-signaled right turn onto Ocean Drive. We start with the premise that not every turn of a vehicle must be preceded by a signal. In State v. Williamson, 138 N.J. 302, 304 (1994), the Court interpreted N.J.S.A. 39:4-126 as prohibiting only un-signaled turns that "have an effect on traffic." The arresting officer, who observed defendant's vehicle travel from the pizzeria to his driveway, testified there was no other traffic on the streets in question. And the officer never testified the operation of his own vehicle was impacted by defendant's un-signaled right turn onto Ocean Drive.

            To be sure, to prove the officer possessed an articulable and reasonable suspicion for making the vehicle stop, State v. Locurto, 157 N.J. 463, 470 (1999), the prosecution was not required to prove a violation of N.J.S.A. 39:4-126 beyond a reasonable doubt.  And, in considering defendant's contentions we must accept — although he never said — that the municipal judge found the officer credible.[1]  But those circumstances only distract us from the rather simple set of facts before us.  There being no other vehicles in sight when the turn was made, the only "other traffic" that could have been affected, ibid., consisted of the arresting officer's vehicle, and he never testified the operation of his vehicle was impacted by defendant's actions. Consequently, the officer could not have possessed a reasonable suspicion that defendant had committed a motor vehicle violation. There being no other articulated ground for the motor vehicle stop, its fruits must be suppressed.

            We, thus, reverse the order denying suppression, vacate the judgment of conviction, and remand for further proceedings in conformity with this opinion.  We do not retain jurisdiction.

---

[1] The Law Division judge, who never saw the officer testify, found him credible.

DWI Penalties

A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence.
First Offense - BAC 0.08% but less than 0.10% or no reading
• 3 months driving privilege suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center (IDRC) • Maximum 30 days imprisonment
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF
$75 to Neighborhood Services Fund
plus court costs
First Offense - BAC 0.10% or higher
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12-48 hours IDRC
• 30 days maximum imprisonment*
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF
$75 to Neighborhood Services Fund
plus court costs
Car Interlock Machine: First Offense, DWI w/BAC level below 0.15% or no reading, Court may impose
• 6 months – 1-year installation of interlock device after restoration of driving privileges
First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose
• installation of interlock device required during the term of suspension and
• 6 months - 1 year installation of interlock device after restoration of driving privileges

   In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:
• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.
Plus 9 points on your car insurance
http://www.njlaws.com/driving_under_influence_dui.htm

Drug Possession Defense

The defense of a person charged with possession of Controlled Dangerous Substances (CDS) is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of involvement with controlled dangerous substances .    The Municipal Court has jurisdiction to hear the following drug related Controlled Dangerous Substances offenses:    NJSA 2C:5 10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish; NJSA 2C:35 10(b), using or being under the influence of CDS; NJSA 2C:35 10(c), failure to deliver cocaine or other CDS to police [County Prosecutors often downgrade possession of small amounts of cocaine to this offense] ; NJSA 2C:36 2, possession of drug paraphernalia At the initial interview the defense attorney must determine what happened, what was told to police and the possible defense witnesses to be interviewed. Defense counsel should completely understand the facts and circumstances of the stop and arrest. Defense counsel should explain to the client the possible penalties which can be imposed.

http://www.njlaws.com/drug_possession.htm

Depending on the case, County and prior offenses, fees range between $1,000- $7,000. My standard procedure, once we are retained, is to immediately  send a discovery letter/letter of representation to both the Prosecutor and the Court Clerk. We try to stay in close contact with the client. I also can provide the client with a brochure setting forth phone numbers and addresses for substance abuse treatment programs with a recommendation they seek help for any problem. Proof of attendance of such a program is of benefit at sentencing or an application for PTI or conditional discharge. A timely Motion to Suppress Evidence must be made pursuant to Rule 3:5 7. Do it immediately, do not wait to receive discovery.

Pre trial Intervention/ PTI If the Suppression Motion is unsuccessful or not a viable option, counsel should discuss the possibility of obtaining Pre trial Intervention. For marijuana and small amounts of cocaine, heard in Municipal Court, N.J.S.A. 2C: 36A 1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21 27, 2C:43 12 or 2C: 36A 1 may apply for a Conditional Discharge. The court upon notice to the prosecutor and subject to 2C: 36A l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community. Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances.

http://njlaws.com/drug_charge.html?id=213&a=

Objections to blood tests in DWI

Kenneth Vercammen's Law office represents individuals charged with DWI throughout New Jersey.

THE STATE MUST PROVE CHAIN OF CUSTODY IN A CRIMINAL OR BLOOD CASE According to N.J. Practice, Criminal Procedure by Honorable Leonard Arnold, J.S.C. (West Publishing), Volume 32, Chapter 21, Section 1034, a party seeking to introduce an item of physical evidence must prove that the item was that which was taken from a particular person or place which makes the item relevant as evidence in the trial. Such proof is provided by testimony identifying the item as having been taken from that person or place, and by evidence tracing custody of the item from the time it was taken until it is offered in evidence. This latter evidence is necessary to avoid any claim of substitution or tampering.

State v. Johnson, 90 N.J. Super. 105, 216 A.2d 397 (App. Div. 1965), affd 46 N.J. 289, 216 A.2d 392 (1966). The required proof includes: 1) testimony by an investigator identifying the item as that which the investigator discovered and took; 2) testimony by that investigator that there was no tampering with the item while it was in his/her custody; 3) testimony regarding delivery of the item to the second person who had custody of the item; 4) possibly similar testimony by the second and each subsequent person who had custody of the item until the time of its presentation in court.

Where the item has been submitted to a laboratory for analysis, proof of the chain of custody should ideally include: testimony from the person who took the item (or specimen) to the laboratory; proof of the method of reception and storage at the laboratory prior to and after analysis; up to the time of trial. Arnold, N.J. Practice, Criminal Procedure, Sec. 1034.

The most difficult aspect of the proof specified above is usually the identification of the evidence by the investigator who discovered it. This difficulty arises because of the frequent failure to properly "mark" the item. "Marking" means the placing by the investigator of at least his/her initials on the item. Unfortunately, sometimes items are "marked" by affixing an evidence tag to the item with a string. The investigator then puts his/her initials on the tag. When the string breaks and the tag is lost it may then be impossible for the investigator to identify the item as being the item that was discovered. Arnold, N.J. Practice, Criminal Procedure, Volume 32, Section 1034.

Many excellent texts, one such text is the Handbook of Forensic Science, published by the Federal Bureau of Investigation provide information on the proper "marking" of various types of evidence, and they should be studied by investigators having responsibility for the collection of physical evidence. But the basic rule is as follows: The item should be "marked" by the investigator placing his/her initials, date, and the case number on the item itself. Metallic surfaces should be so "marked" with a machinists scribe. Liquids, soils and small fragments should be placed in a suitable container and sealed. The container should be "marked" by scribing the same information on the container, or by using some other permanent form of marking material on the container. Arnold, N.J. Practice, Criminal Procedure, Volume 32, Section 1034.
With respect to avoiding a claim of substitution of another item for that seized or a claim that the item has been tampered with, the problems of proof can be minimized by designating one investigator as the custodian of all the physical evidence in a given investigation. All investigators who recover physical evidence must turn that evidence over to the custodian, who is then responsible for the evidence from that time forward until trial. N.J. Practice, Criminal Procedure by Honorable Leonard Arnold, J.S.C. (West Publishing), Volume 32, Chapter 21, Section 1034,

Where evidence must be submitted to a laboratory, the custodian delivers that evidence to the laboratory, and obtains a receipt from the laboratory. When the laboratory has completed its examination, it is the custodian who returns to the laboratory, receives the remaining specimen1 from the laboratory, and retains custody of the specimen and brings it to court for trial. By following this procedure, all the physical evidence can be introduced by calling the various investigators who recovered and marked each item of physical evidence, the custodian, and the laboratory specialist who examined the evidence. (The laboratory specialist testifies not only with respect to the laboratory examination, the specialists findings and opinion, but also as to the method of reception and storage at the laboratory prior to and after analysis.) Arnold, N.J. Practice, Criminal Procedure, Volume 32, Section 1034.

For more information go to http://www.njlaws.com/handling_dwi_bl...

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

Fines and Penalties of

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

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

39:4-50

Driving While Intoxicated

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

DRIVING WHILE INTOXICATED, PERMITTING DWI

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

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

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

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

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

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

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

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

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

N.J.S.A.

Title

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

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

1st Offense

2nd Offense

3rd or Subsequent Offense
$1000 fine, and

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39:4-50 Continued

Driving While Intoxicated

Driver’s license suspension for 2 years, and

DRIVING WHILE INTOXICATED, PERMITTING DWI

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

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

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

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

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

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

Source http://www.judiciary.state.nj.us/mcs/mcsmemo/1_10_11_finesandpen_dwi.pdf

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

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

N.J.S.A.

Title

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

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

1st Offense

2nd Offense

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

-3-

Community service for 30 days, and

N.J.S.A.

Title

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

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

1st Offense

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

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

39:4-50 Continued

Driving While Intoxicated

DRIVING WHILE INTOXICATED, PERMITTING DWI

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

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

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

-4-

N.J.S.A.

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

1st Offense

2nd Offense

39:4-50 Continued

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

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

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

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

DRIVING WHILE INTOXICATED, PERMITTING DWI

1st Offense – BAC 0.08% or

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

3rd or Subsequent Offense

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

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

-5-

N.J.S.A.

Title

1st Offense

2nd Offense

3rd or Subsequent Offense

39:4-50(g)

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

$500 to $800 fine, and

$1000 to $2000 fine, and

$2000 fine, and

DWI (AND PERMITTING DWI) IN A SCHOOL ZONE

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

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

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

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

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

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DWI (AND PERMITTING DWI) IN A SCHOOL ZONE

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

Driver’s license suspension for 4 years, and

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

BAC of .15% or higher SHALL

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

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

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

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

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

N.J.S.A.

Title

1st Offense

2nd Offense

3rd or Subsequent Offense

39:4-50(g) Continued

Imprisonment not exceeding 60 days, and

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

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

-7-

Community service for 60 days, and

DWI (AND PERMITTING DWI) IN A SCHOOL ZONE

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

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

39:4-50(g) Continued

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

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

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

-8-

REFUSAL

REFUSAL TO SUBMIT TO CHEMICAL TEST

DDEF $100, and

DDEF $100, and

DDEF $100, and

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

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

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

Shall order offender to IDRC, and

Shall order offender to IDRC, and

Shall order offender to IDRC, and

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

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

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

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

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

N.J.S.A.

Title

1st Offense

2nd Offense

3rd or Subsequent Offense

39:50.4a

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

$300 to $500 fine, and

$500 to $1000 fine, and

$1000 fine, and

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REFUSAL TO SUBMIT TO CHEMICAL TEST IN A SCHOOL ZONE

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

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

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

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

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

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

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

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

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

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

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

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REFUSAL TO SUBMIT TO CHEMICAL TEST IN A SCHOOL ZONE

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

Shall order offender to IDRC, and

Shall order offender to IDRC, and

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

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

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

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

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

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Fines and Penalties of

Driving While Suspended

Offenses

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

- 12 -

39:3-40

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

$500 fine, and

$750 fine, and

$1000 fine, and

DRIVING WHILE SUSPENDED

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

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

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

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

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

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

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

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

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

Imprisonment for 10 days, and

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

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

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

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

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39:3-40 (f) (1)

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

$1,000 fine, and

$1,250 fine, and

$1,500 fine, and

DRIVING WHILE SUSPENDED

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

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

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

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

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

May impose imprisonment not more than 90 days, and

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

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

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

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

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

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

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

- 14 -

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

DRIVING WHILE SUSPENDED

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

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

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40 (f) (2)

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

$1000 fine, and

$1250 fine, and

$1500 fine, and

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

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

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

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

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

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

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

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

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

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

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

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

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

- 15 -

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

DRIVING WHILE SUSPENDED

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

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

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40 (f) (3)

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

$1000 fine, and

$1250 fine, and

$1500 fine, and

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

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

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

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

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

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

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

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

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

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

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

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

- 16 -

DRIVING WHILE SUSPENDED

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

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

N.J.S.A.

OFFENSE

1ST Offense

2nd Offense

3rd or Subsequent Offense

39:3-40 (i)

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

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

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

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

- 17 -

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

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

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

- 18 -

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

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

Fine:

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

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

Facility Visitation:
First (Operating or allowing operation)

$250.00 to $400.00 $100.00
$100.00
$6.00

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

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

Fine:

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

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

Facility Visitation:
Second (Operating or allowing operation)

$300.00 to $500.00 $100.00
$100.00
$6.00

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

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

Fine:

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

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

Facility Visitation:
Third (Operating or allowing operation)

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

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

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

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

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Third Safe Neighborhood (SNSF) Offense VCCA
Continued IDRC

Jail:

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

Facility Visitation:

* “IDRC” – Intoxicated Driver Resource Centers

$1,000.00 $100.00 $100.00 $6.00

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

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

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

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

First Offense:

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

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Safe Neighborhood (SNSF)

VCCA

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

$500 to $800.00 $100.00 $100.00
$6.00

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

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

Facility Visitation:

Second Offense:

(Operating or allowing operation)

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Safe Neighborhood (SNSF)

VCCA

IDRC*: Jail:

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

Facility Visitation:

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

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

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

Third Offense:

Third Offense: Continued

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

Fine:

DWI Surcharge DDEF Surcharge Assessments Court Costs

Safe Neighborhood (SNSF)

VCCA

IDRC: Jail:

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

Facility Visitation:

$2,000.00 $100.00 $100.00 $6.00

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

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

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

- 20 -

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

First Offense:

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

Fine:

DDEF Surcharge

Court Costs

IDRC:
Loss of D.L.:

Interlock for principal Vehicle:

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

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

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

Second Offense:

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

Fine:

DDEF Surcharge

Court Costs

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

$500.00 to $1000.00

$100.00

Up to $33.00

In accordance with individual treatment classification (usually 48 Hours)

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

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

Third or Subsequent Offense:

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

Fine:

DDEF Surcharge

Court Costs

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

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

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

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

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

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

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

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

Fine:

IDRC:
Loss of D.L.:

Interlock for principal Vehicle:

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

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

DDEF Surcharge

Court Costs

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

Fine:

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

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

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

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

DDEF Surcharge

Court Costs

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

Fine:

IDRC:
Loss of D.L.:

Interlock for principal vehicle:

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

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

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

DDEF Surcharge

Court Costs

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

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

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

First Offense:

Second Offense:

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

Fine:

Court Costs

Loss of D.L.:

$500.00
Up to $33.00

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

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

Fine:

Court Costs

Loss of D.L.:
Revocation of registration

Jail

$750.00
Up to $33.00

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

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

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

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

Third or Subsequent Offense:

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

Fine:

Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,000.00 Up to $33.00

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

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

Imprisonment for 10 days, and

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

- 23 -

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

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

First Offense:

Second Offense:

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

Fine:
Court Costs

Loss of D.L.: Jail

$1,000.00 Up to $33.00

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

May impose imprisonment not more than 90 days

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

Fine:
Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,250.00 Up to $33.00

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

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

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

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

Third or Subsequent Offense:

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

Court Costs Loss of D.L.:

Revocation of registration

Jail

$1,500.00 Up to $33.00

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

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

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

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

- 24 -

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

First Offense:

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

Fine:
Court Costs

Loss of D.L.:
Revocation of registration Jail

$1,000.00 Up to $33.00

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

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

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

Second Offense:

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

Fine:
Court Costs

Loss of D.L.:
Revocation of registration Jail

$1,250.00 Up to $33.00

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

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

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

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

Third or Subsequent Offense:

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

Fine:
Court Costs

Loss of D.L.:
Revocation of registration Jail

$1,500.00 Up to $33.00

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

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

- 25 -

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

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

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

First Offense:

Second Offense:

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

Fine:
Court Costs

Loss of D.L.: Jail

$1,000.00 Up to $33.00

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

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

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

Fine:
Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,250.00 Up to $33.00

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

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

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

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

Third or Subsequent Offense:

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

Fine:
Court Costs

Loss of D.L.:
Revocation of registration

Jail

$1,500.00 Up to $33.00

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

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

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

- 26 -

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

First Offense:

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

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

payments current. Court Costs Up to $33.00

- 27 -