2020 new, official list of Ignition Interlock providers

BUSINESS NAME	TRADE NAME	BUSINESS ADDRESS	CITY	STATE	ZIP	PHONE NUMBER
201 MOTORING	250 BROWERTOWN ROAD	WOODLAND PARK	NJ	07424	201-435-6069
410 MOTORWORKS LLC	AAMCO	915 MONMOUTH RD, STE 3	CREAM RIDGE	NJ	08514	609-758-4900
AJW INC	WAYNE SHELL SER CTR	558 ALPS ROAD	WAYNE	NJ	07470	973-694-1653
AMG GROUP INC	AMG MOTORS	35 OAK RIDGE ROAD	NEWFOUNDLAND	NJ	07435	973-697-0808
AUDIO PLEASURESZ	646 SEASHORE ROAD	ERMA	NJ	08204	609-898-0226
AUDIO SONIC CAR STEREO	703 CRESCENT BLVD - RTE 130	BROOKLAWN	NJ	08030	856-240-7217
AUTO TUNES INC	124 HIGHWAY 35 NORTH	NEPTUNE	NJ	07753	732-774-4997
AUTOBAHN INC	6814 TILTON ROAD	EGG HARBOR TWP	NJ	08234	609-407-0900
B & B ELECTRONICS INC	210 CHAMBERSBRIDGE ROAD	BRICK	NJ	08723	732-477-7300
BOB HOPES AUTO REPAIR	903 ARENA DRIVE	TRENTON	NJ	08610	609-888-5844
BOSS AUDIO INC	518 SMITH STREET	PERTH AMBOY	NJ	08861	732-442-0111
CAR CRAFT AUTO SPORTS CORP	317 US HIGHWAY 46	DOVER	NJ	07801	973-537-9443
CHERRY HILL TL CAR CARE INC	BALDUCCI'S AUTO SALES INC	100 FRONTAGE ROAD	CHERRY HILL	NJ	08034	856-795-4800
CHILA'S CAR CARE	601 WEST BROAD STREET	GIBBSTOWN	NJ	08027	856-423-1323
CHRIS LUGO ENTERPRISES LLC	DTP AUTO SOUND	906 EAST LANDIS AVE	VINELAND	NJ	08360	856-692-5700
CLASS 1 AUTOSPORTS LLC	1 US RT 22 EAST	GREEN BROOK	NJ	08812	732-752-2443
CLASSY TINT CORP	52 ROUTE 35	EATONTOWN	NJ	07724	848-216-6211
CLEAR STAR MEDIA GROUP LLC	FINISH LINE AUTO SALON	3125 ROUTE 73 SOUTH	MAPLE SHADE	NJ	08052	856-779-8200
COMPLETE ATO & TRK REPR INC	760 W GRAND ST	ELIZABETH	NJ	07202	908-289-8883
DISTINCTIVE CAR TOYZ PLSNTVLLE	CAR TOYZ	1000 NOAH'S ROAD	PLEASANTVILLE	NJ	08232	609-272-1777
ELITE AUTO SOLUTIONS LLC	502 W CALIFORNIA AVE	ABESCON	NJ	08201	609-241-1361
ELKS AUTO LLC	211 ROUTE 530	SOUTHAMPTON	NJ	08088	609-726-9000
EVANGELOS GIOGAS	CUSTOM FACTORY INSTALLATION	1499 HURFVILLE ROAD	WOODBURY	NJ	08096	856-401-7771
EXOTICUSTOM INC	101 MAIN STREET	HACKETTSTOWN	NJ	07840	908-979-9595
EXPERIENCED AUTOMOTIVE	809 ROUTE 9	LANOKA HARBOR	NJ	08734	609-971-0088
FABULOUS AUTO ALARMS LLC	105 COLOMBIA AVE	PASSAIC	NJ	07055	973-955-4390
G & M OF NEW JERSEY	STIRLING EXON	5 POPLAR DRIVE	STIRLING	NJ	07980	908-647-2525
GARDEN STATE AUTO&EQUIP INC	2140 RT 130 NORTH	MONMOUTH JUNCTION	NJ	https://www.state.nj.us/mvc/pdf/license/Licensed_Ignition_Interlock_Installers.pdf 08852	732-821-5600
GARDEN STATE INTERLOCK LLC	5 NAMI LANE	HAMILTON	NJ	08619	833-384-5625

https://www.state.nj.us/mvc/pdf/license/Licensed_Ignition_Interlock_Installers.pdf

17 :29A-35 Motor Vehicle Violations Surcharge System revised 2019

17 :29A-35 Motor Vehicle Violations Surcharge System revised 2019

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

   b.   There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall include, but not be limited to, the following provisions:

   (1) (a) Surcharges shall be levied, beginning on or after January 1, 1984 but before the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the Chief Administrator of the New Jersey Motor Vehicle Commission, by the commission established by section 4 of P.L.2003, c.13 (C.39:2A-4) on any driver who, in the preceding 36-month period, has accumulated six or more motor vehicle points, as provided in Title 39 of the Revised Statutes; except that the allowance for a reduction of points in Title 39 of the Revised Statutes shall not apply for the purpose of determining surcharges under this paragraph.  The accumulation of points shall be calculated as of the date the point violation is posted to the driver history record and shall be levied pursuant to rules promulgated by the commission.  Surcharges assessed pursuant to this paragraph shall be $150 for six points, and $25 for each additional point.  No offense shall be selected for billing which occurred prior to February 10, 1983. No offense shall be considered for billing in more than three annual assessments. 

   The commission shall not select any offense for billing which occurred on or after the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the Chief Administrator of the New Jersey Motor Vehicle Commission, and shall have no legal authority to collect any surcharge, together with any interest and administrative fees, that have been billed but remain unpaid, or that may be billed and required to be paid, on or after the that date.

   (b)    (Deleted by amendment, P.L.1984, c.1.)

   (2) (a) Surcharges shall be levied pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for each offense of unsafe driving under subsection a. of that section occurring on or after July 24, 2000 but before the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the chief administrator of the commission.  The commission shall have no legal authority to collect any surcharge, together with any interest and administrative fees, that have been levied but remain unpaid, or that may be levied and required to be paid, on or after that date.

   (b)    Surcharges shall be levied for convictions (i) under R.S.39:4-50 for violations occurring on or after February 10, 1983 but before the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the chief administrator of the commission, and (ii) under section 2 of P.L.1981, c.512 (C.39:4-50.4a), or for offenses committed in other jurisdictions of a substantially similar nature to those under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), for violations occurring on or after January 26, 1984 but before the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the chief administrator of the commission.  The commission shall have no legal authority to collect any surcharge, together with any interest and administrative fees, that have been levied but remain unpaid, or that may be levied and required to be paid, on or after that date.

   Except as hereinafter provided, surcharges under this subparagraph (b) shall be levied annually for a three-year period, and shall be $1,000 per year for each of the first two convictions, for a total surcharge of $3,000 for each conviction, and $1,500 per year for the third conviction occurring within a three-year period, for a total surcharge of $4,500 for the third conviction. If a driver is convicted under both R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a) for offenses arising out of the same incident, the driver shall be assessed only one surcharge for the two offenses.

   The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months.  If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.

   The commission may authorize any person to pay the surcharge levied under this section and collectible by the commission by use of a credit card, debit card or other electronic payment device, and the chief administrator is authorized to require the person to pay all costs incurred by the commission in connection with the acceptance of the credit card, debit card or other electronic payment device.  If a surcharge or related administrative fee is paid by credit or debit cards or any other electronic payment device and the amount is subsequently reversed by the credit card company or bank, the driver shall be subject to the fee imposed for dishonored checks pursuant to section 31 of P.L.1994, c.60 (C.39:5-36.1).

   In addition to any other remedy provided by law, the commission is authorized to utilize the provisions of the SOIL (Set off of Individual Liability) program established pursuant to P.L.1981, c.239 (C.54A:9-8.1 et seq.) to collect any surcharge levied under this section and collectible by the commission that is unpaid on or after the effective date of this act but before the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the chief administrator of the commission. As an additional remedy, the commission may issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this surcharge law in such amount as shall be stated in the certificate.  The certificate shall reference the statute under which the indebtedness arises.  Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments the name of such person as debtor; the State as creditor; the address of such person, if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the surcharge is assessed, and the date of making such entries.  The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the commission shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal.  Upon entry by the clerk of the certificate in the record of docketed judgments in accordance with this provision, interest in the amount specified by the court rules for post-judgment interest shall accrue from the date of the docketing of the certificate, however payment of the interest may be waived by the commission or its designee.  In the event that the surcharge remains unpaid following the issuance of the certificate of debt and the commission takes any further collection action including referral of the matter to the Attorney General or his designee, the fee imposed, in lieu of the actual cost of collection, may be 20 percent of surcharges of $1,000 or more.  The chief administrator or his designee may establish a sliding scale, not to exceed a maximum amount of $200, for surcharge principal amounts of less than $1,000 at the time the certificate of debt is forwarded to the Superior Court for filing.  The commission shall provide written notification to a driver of the proposed filing of the certificate of debt at least 10 days prior to the proposed filing; such notice shall be mailed to the driver's last address of record with the commission.  Upon the filing of a certificate of debt with the Clerk of the Superior Court, the surcharged driver shall not be eligible for the restoration of his driving privilege until at least five percent of each outstanding surcharge assessment that has resulted in the suspension, including interest and costs, if any, is paid to the commission.  If a certificate of debt is satisfied following a credit card payment, debit card payment or payment by other electronic payment device and that payment is reversed, a new certificate of debt shall be filed against the surcharged driver unless the original is reinstated.

   If the chief administrator or his designee approves a special payment plan, of such duration as the chief administrator or his designee deems appropriate, for repayment of the certificate of debt, and the driver is complying with the approved plan, the plan may be continued for any new surcharge not part of the certificate of debt.

   A certificate of indebtedness shall not be issued for any surcharge levied under this section and collectible by the commission that remains unpaid on or after the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the chief administrator of the commission. Any certificate issued on or before that date shall be deemed to be satisfied by the commission.  

   All moneys collectible by the commission under subparagraph (b) of paragraph (2) of this subsection shall be billed and collected by the commission except as provided in P.L.1997, c.280 (C.2B:19-10 et al.) for the collection of unpaid surcharges.  Commencing on September 1, 1996, or such earlier time as the Commissioner of Banking and Insurance shall certify to the State Treasurer that amounts on deposit in the New Jersey Automobile Insurance Guaranty Fund are sufficient to satisfy the current and anticipated financial obligations of the New Jersey Automobile Full Insurance Underwriting Association, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection shall be remitted to the Division of Motor Vehicles Surcharge Fund:

   (i)   for transfer to the Market Transition Facility Revenue Fund, as provided in section 12 of P.L.1994, c.57 (C.34:1B-21.12), for the purposes of section 4 of P.L.1994, c.57 (C.34:1B-21.4) until such a time as all the Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to that section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding; and

   (ii)   from and after the date of certification by the Commissioner of Banking and Insurance that the moneys collectible under subparagraph (b) of paragraph (2) of this subsection are no longer needed to fund the association or at such time as all Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding, for transfer to the Motor Vehicle Surcharges Revenue Fund established pursuant to section 6 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.28) to be applied as set forth in section 6 of that act.  From and after such time as all bonds issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26) and the costs thereof are discharged and no longer outstanding, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection shall, subject to appropriation, be remitted to the New Jersey Property-Liability Insurance Guaranty Association created pursuant to section 6 of P.L.1974, c.17 (C.17:30A-6) to be used for payment of any loans made by that association to the New Jersey Automobile Insurance Guaranty Fund pursuant to paragraph (10) of subsection a. of section 8 of P.L.1974, c.17 (C.17:30A-8); provided that all such payments shall be subject to and dependent upon appropriation by the State Legislature.

   All surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection shall be forwarded not less frequently than monthly to the Division of Revenue in the Department of the Treasury.  The Division of Revenue shall transfer: all such surcharges received prior to July 1, 2006, to the General Fund, and commencing July 1, 2006, all such surcharges to the Unsafe Driving Surcharge Revenue Fund established pursuant to section 5 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.27) to be applied as set forth in section 5 of that act.  From and after such time as all bonds (including refunding bonds), notes and other obligations issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26), and the costs thereof are discharged and no longer outstanding, all such surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection and forwarded to the Division of Revenue shall be transferred to the General Fund.

   Upon request, the Administrative Office of the Courts shall provide a monthly report to the Division of Revenue containing information on the number of convictions for the offense of unsafe driving pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) that were entered during such month, the amount of the surcharges that were assessed by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for such month, and the amount of the surcharges collected by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) during such month.

   (3)   In addition to any other authority provided in P.L.1983, c.65 (C.17:29A-33 et al.), the commissioner, after consultation with the commission, is specifically authorized (a) (Deleted by amendment, P.L.1994, c.64), (b) to impose, in accordance with subparagraph (a) of paragraph (1) of this subsection b., surcharges for motor vehicle violations or convictions for which motor vehicle points are not assessed under Title 39 of the Revised Statutes, or (c) to reduce the number of points for which surcharges may be assessed below the level provided in subparagraph (a) of paragraph (1) of this subsection b., except that the dollar amount of all surcharges levied under the Motor Vehicle Violations Surcharge System shall be uniform on a Statewide basis for each filer, without regard to classification or territory.  Surcharges adopted by the commissioner on or after January 1, 1984 for motor vehicle violations or convictions for which motor vehicle points are not assessable under Title 39 of the Revised Statutes shall not be retroactively applied but shall take effect on the date of the New Jersey Register in which notice of adoption appears or the effective date set forth in that notice, whichever is later.

   c.   No motor vehicle violation surcharges shall be levied on an automobile insurance policy issued or renewed on or after January 1, 1984, except in accordance with the Motor Vehicle Violations Surcharge System, and all surcharges levied thereunder shall be assessed, collected and distributed in accordance with subsection b. of this section.

   d.   (Deleted by amendment, P.L.1990, c.8.)

   e.   The Commissioner of Banking and Insurance and the commission as may be appropriate, shall adopt any rules and regulations necessary or appropriate to effectuate the purposes of this section.

   L.1983, c.65, s.6; amended 1984, c.1, s.2; 1985, c.520, ss.1,2; 1986, c.211, s.8; 1988, c.156, s.9; 1990, c.8, s.35; 1994, c.57, s.20; 1994, c.64, s.1; 1997, c.151, s.30; 1997, c.280, s.5; 2003, c.13, s.31; 2004, c.70, s.10; 2007, c.282; 2019, c.276, s.11; 2019, c.301, s.3.

2C :43-2 Sentence in accordance with code; authorized dispositions. Revised 2019

2C :43-2 Sentence in accordance with code; authorized dispositions. Revised 2019

   2C :43-2 . a. Except as otherwise provided by this code, all persons convicted of an offense or offenses shall be sentenced in accordance with this chapter.

   b.   Except as provided in subsection a. of this section and subject to the applicable provisions of the code, the court may suspend the imposition of sentence on a person who has been convicted of an offense, or may sentence him as follows:

   (1)   To pay a fine or make restitution authorized by N.J.S.2C:43-3 or P.L.1997, c.253 (C.2C:43-3.4 et al.); or

   (2)   Except as provided in subsection g. of this section, to be placed on probation and, in the case of a person convicted of a crime, to imprisonment for a term fixed by the court not exceeding 364 days to be served as a condition of probation, or in the case of a person convicted of a disorderly persons offense, to imprisonment for a term fixed by the court not exceeding 90 days to be served as a condition of probation; or

   (3)   To imprisonment for a term authorized by sections 2C :11-3, 2C :43-5, 2C :43-6, 2C :43-7, and 2C :43-8 or 2C :44-5; or

   (4)   To pay a fine, make restitution and probation, or fine, restitution and imprisonment; or

   (5)   To release under supervision in the community or to require the performance of community-related service; or

   (6)   To a halfway house or other residential facility in the community, including agencies which are not operated by the Department of Human Services; or

   (7)   To imprisonment at night or on weekends with liberty to work or to participate in training or educational programs.

   c.   Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any person convicted of a crime, disorderly persons offense, or petty disorderly persons offense in the course of which a motor vehicle was used. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the circumstances of the violation, and whether the loss of driving privileges will result in extreme hardship and alternative means of transportation are not readily available.  Any postponement, suspension, or revocation shall be imposed consecutively with any custodial sentence.

   d.   This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty.  Such a judgment or order may be included in the sentence.

   e.   The court shall state on the record the reasons for imposing the sentence, including its findings pursuant to the criteria for withholding or imposing imprisonment or fines under sections 2C :44-1 to 2C :44-3, where imprisonment is imposed, consideration of the defendant's eligibility for release under the law governing parole and the factual basis supporting its findings of particular aggravating or mitigating factors affecting sentence.

   f.   The court shall explain the parole laws as they apply to the sentence and shall state:

   (1)   the approximate period of time in years and months the defendant will serve in custody before parole eligibility;

   (2)   the jail credits or the amount of time the defendant has already served;

   (3)   that the defendant may be entitled to good time and work credits; and

   (4)   that the defendant may be eligible for participation in the Intensive Supervision Program.

   g.   Notwithstanding the provisions of paragraph (2) of subsection b. of this section, a court imposing sentence on a defendant who has been convicted of any offense enumerated in subsection a. of section 2 of P.L.1994, c.130 (C.2C:43-6.4) may not sentence the defendant to be placed on probation.

   amended 1979, c.178, s.82; 1981, c.269, s.2; 1983, c.124, s.1; 1987, c.106, s.9; 1994, c.155; 1997, c.253, s.1; 2003, c.267, s.5; 2019, c.276, s.6.

2C :36A-1 . Conditional discharge for certain first offenses revised 2019

2C :36A-1 .  Conditional discharge for certain first offenses.
   a.   Whenever any person who has not previously been convicted of any offense under section 20 of P.L.1970, c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense defined in chapter 35 or 36 of this title or, subsequent to the effective date of this title, under any law of the United States, this State or any other state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, and who has not previously participated in a program of supervisory treatment pursuant to N.J.S.2C:43-12 or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), or a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), is charged with or convicted of any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of this title, the court upon notice to the prosecutor and subject to subsection c. of this section, may on motion of the defendant or the court:

   (1)   Suspend further proceedings and with the consent of the person after reference to the State Bureau of Identification criminal history record information files, place him under supervisory treatment upon such reasonable terms and conditions as it may require; or

   (2)   After a plea of guilty or finding of guilty, and without entering a judgment of conviction, and with the consent of the person after proper reference to the State Bureau of Identification criminal history record information files, place him on supervisory treatment upon reasonable terms and conditions as it may require, or as otherwise provided by law.

   b.   In no event shall the court require as a term or condition of supervisory treatment under this section, referral to any residential treatment facility for a period exceeding the maximum period of confinement prescribed by law for the offense for which the individual has been charged or convicted, nor shall any term of supervisory treatment imposed under this subsection exceed a period of three years.

   Upon violation of a term or condition of supervisory treatment the court may enter a judgment of conviction and proceed as otherwise provided, or where there has been no plea of guilty or finding of guilty, resume proceedings. Upon fulfillment of the terms and conditions of supervisory treatment the court shall terminate the supervisory treatment and dismiss the proceedings against him. Termination of supervisory treatment and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a crime or disorderly persons offense but shall be reported by the clerk of the court to the State Bureau of Identification criminal history record information files. Termination of supervisory treatment and dismissal under this section may occur only once with respect to any person.  Imposition of supervisory treatment under this section shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under section 29 of P.L.1970, c.226 (C.24:21-29), chapter 35 or 36 of this title or any law of this State.

   c.   Proceedings under this section shall not be available to any defendant unless the court in its discretion concludes that:

   (1)   The defendant's continued presence in the community, or in a civil treatment center or program, will not pose a danger to the community; or

   (2)   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 which he may manifest; and

   (3)   The person has not previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), N.J.S.2C:43-12, or the provisions of this chapter.

   d.   A person seeking conditional discharge pursuant to this section shall pay to the court a fee of $75 which shall be paid to the Treasurer of the State of New Jersey for deposit in the General Fund.  The defendant shall also be required to pay restitution, costs and other assessments as provided by law. A person may apply for a waiver of this fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey, or the court may permit the defendant to pay the conditional discharge fee and other assessments in installments or may order other alternatives pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1). 

   amended 1988, c.44, s.12; 1993, c.275, s.14; 2008, c.84, s.1; 2013, c.158, s.10; 2017, c.42, s.9; 2019, c.276, s.5.

39:4-49.1 CDS in motor vehicle Drug possession by motor vehicle operator The mandatory loss of license was eliminated Effective: December 20, 2019

  39:4-49.1 CDS in motor vehicle Drug possession by motor vehicle operator

The mandatory loss of license was eliminated Effective: December 20, 2019
    

      A person shall not operate a motor vehicle on any highway while knowingly having in the person's 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 humans 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, except a person who violates the provisions of N.J.S.2C:35-10, shall be fined not less than $50. 

   L.1964, c.289, s.1; amended 1985, c.239; 2019, c.276, s.12.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

Supreme Court denies stay of proceedings involving DRE testimony requested by AG

Supreme Court denies stay of proceedings involving DRE testimony requested by AG

The Supreme Court denied a motion to stay proceedings that raise issues regarding the admissibility of drug recognition experts (DREs) testimony, which may be potentially affected by the pending appeal in the matter of State v. Olenowski. The Supreme Court has appointed a special master to hold hearings and make a recommendation on the reliability of DRE evidence in the matter, calling into question the reliability of expert testimony of DREs who perform drug influence evaluations (DIEs). The trial court upheld the convictions of Michael Olenowski for driving while intoxicated on the basis of DRE testimony, a decision which the Appellate Division affirmed. 

The New Jersey State Bar Association (NJSBA) filed an amicus curiae brief questioning the legitimacy of DRE testimony, arguing that it lacks the foundation to meet the Frye standard for expert opinions. “Given the scientific nature of the DIE and DRE opinion, the appropriate standard of review for their admissibility should be based on general acceptance within the scientific community,” the NJSBA brief said. Absent this, DRE evidence should be inadmissible, argued the NJSBA.

The NJSBA opposed the state’s request for a stay of other matters involving DRE evidence, contending in a brief drafted by John Menzel, Joshua H. Reinitz and Miles S. Winder III that a blanket stay fails to account for other factors in each individual case and could result in an injustice to the parties if a case could be resolved on other grounds.

The Supreme Court order, dated Feb. 14, makes clear that “[t]he Court expresses no view on the merits of any stay application filed in an individual case in Municipal Court or Superior Court by a party to a proceeding involving DRE testimony.” Source NJSBACapitol Report March 2, 2020 

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