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New Jersey Facts Interlock Device Requirements, Cont’d New Jersey *New Jersey Statutes Annotated COURT IMPOSED FINES AND PENALTIES Third offense Motor Vehicle Commission Driving Under the Influence of Alcohol or Refusing the Chemical Test, Cont’d • 1-3 years installation of interlock device after restoration of Drugs (DUI) driving privilege; or Third and Subsequent Offenses • 10 year suspension of registration privileges A person who operates a motor vehicle with a blood alcohol • 10 years driving privilege suspension concentration (BAC) of 0.08% or above is considered to be • $1,000 fine Surcharges - Alcohol Violations driving under the influence. • 12 hours minimum IDRC In addition to the court imposed fines and penalties, anyone First Offense - BAC 0.08% but less than 0.10% Refusing Chemical Test in School Zone or Crossing convicted of DUI or chemical test refusal is subject to: NEW JERSEY • 3 months driving privilege suspension • an insurance surcharge of $1,000 a year for three years First Offense • $250-$400 fine ($3,000) for the first and second conviction within a • 1 to 2 years driving privilege suspension • 12-48 hours at intoxicated driver resource center (IDRC) three-year period. • $600-$1,000 fine FACTS • Maximum 30 days imprisonment • an insurance surcharge of $1,500 a year for three years • 12 hours minimum IDRC ($4,500) for a third offense within a three-year period. First Offense - BAC 0.10% or higher Second Offense • a single $100 DUI enforcement surcharge that must be • 7 months to1 year driving privilege suspension • 4 years driving privilege suspension paid to the court with the required fine upon conviction. • $300-$500 fine • $1,000-$2,000 fine • 12-48 hours IDRC The surcharges will be imposed on a New Jersey or an out- • 12 hours minimum IDRC • 30 days maximum imprisonment* of-state conviction. Failure to pay the surcharge will result in indefinite suspension of all driving privileges and the filing of Third and Subsequent Offenses Driving under the Second Offense a judgment against any personal property. • 20 years driving privilege suspension • 2 years driving privilege suspension • $2,000 fine Influence (DUI) • $500-$1,000 fine Surcharges - Point Violations/Other • 12 hours minimum IDRC • 30 days community service Motorists who incur six or more motor vehicle points are also • 12-48 hours IDRC Underage subject to an insurance surcharge of $150 for six points and $25 • 48 hours - 90 days imprisonment* for each additional point. The point surcharge will remain in effect For persons under 21 (the legal age in NJ to purchase an as long as a motorist has six or more points on their record for Point System Third Offense alcoholic beverage) who consume an alcoholic beverage, • 10 years driving privilege suspension the immediate three-year period. MVC will suspend all driving then drive a vehicle when their BAC is 0.01% or more, but privileges indefinitely and take judgment action if the surcharge is • $1,000 fine less than 0.08%, the penalties are: • 90 days maximum community service not paid. Other violations subject to a surcharge are: December 2006 • 12-48 hours IDRC Minimum • driving while unlicensed $100 • 180 days imprisonment* • 30-90 day driving privilege suspension if currently licensed; or • driving while suspended $250/Court or MVC imposed • 30-90 day prohibition from becoming a licensed driver at age • failing to insure a MOPED $100 DUI in School Zone or School Crossing • 17 years; and, • operating an uninsured vehicle $250 • 15-30 days mandatory community service; and First Offense • participation in an IDRC or other alcohol education; and Boaters • 12-24 months driving privilege suspension • completion of a highway safety program • $500-$800 fine Boaters convicted of driving under the influence (DUI) on • 60 days imprisonment or New Jersey’s waterways will be suspended from both boat- • a combination of the minimum sentences above and DUI ing and all driving privileges. Violators under 17 will have Second Offense Jon S. Corzine sentences (see schedule) their vehicle and MOPED driving privileges delayed for a • 48 months minimum driving privilege suspension term equal to the suspension period. Governor • $1,000-$2,000 fine Maximum • 60 days community service • DUI sentences (see schedule). If the BAC is 0.08% or higher, No Conditional or Special Work Licenses • 96 hours-180 days imprisonment* underage persons will receive DUI sentences as noted. New Jersey does not have conditional or special work licenses. If a Sharon A. Harrington Third Offense motorist does not have a valid driver license, or if a driving privilege • 20 years driving privilege suspension Interlock Device Requirements is suspended for drunk driving or any other violation, a motorist Chief Administrator • $2,000 fine The courts may require first and repeat DUI offenders to may not drive for any reason until that privilege is restored. • 180 days imprisonment use an ignition interlock device. To start the vehicle, the driver must blow into the device. The vehicle will not start if Refusing the Chemical Test the driver’s BAC exceeds 0.05%. 24-Hour Telephone Information and Assistance First Offense For License Suspensions and Restorations The New Jersey Motor Vehicle Commission • 7 months to 1 year driving privilege suspension (609) 292-7500 www.njmvc.gov First Offense, Court May Impose • $300-$500 fine For General Customer Information • 6 months-1 year installation of interlock device after (888) 486-3339 toll free in NJ • 12 hours minimum IDRC restoration of driving privilege (609) 292-6500 from out of state or write to: Second Offense DI-258 (R12/06) Second Offense New Jersey Motor Vehicle Commission • 2 years driving privilege suspension • 1-3 years installation of interlock device after restoration of P.O. Box 134 • $500-$1,000 fine Trenton, New Jersey 08666-0134 driving privilege; or • 12 hours minimum IDRC visit us at www.njmvc.gov • 2 years suspension of registration privileges Driving under the influence of Points on Motor Vehicle Records alcohol or drugs and the POINT SCHEDULE The Motor Vehicle Commission (MVC) tracks driving Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, will behavior by adding points to a motorist’s record after a New Jersey Point System be assessed points for each conviction in accordance with the following N.J.S.A.* schedule: conviction for a moving violation. N.J.S.A. OFFENSE POINTS N.J.S.A. OFFENSE POINTS Points-Assessed Violation Notices Driving in New Jersey is a privilege that may be SECTION SECTION enjoyed as long as motorists drive safely. Obeying NUMBER NUMBER After two years, MVC will send advisory notices to a motorist New Jersey Turnpike, whenever points-assessed violations are added to a driving established motor vehicle rules and regulations Garden State Parkway, 39:4-89 Tailgating 5 record and the point total is six to 11. Atlantic City Expressway is critical, as is the respect that must be paid to 39:4-90 Failure to yield at intersection 2 other motorists who also share the roads. 27:23-29 Moving against traffic 2 39:4-90.1 Failure to use proper entrances to limited 2 License Suspension Notice access highways 27:23-29 Improper passing 4 For a total of 12 or more points on a driving record, MVC will Violating New Jersey’s motor vehicle laws will 39:4-91-92 Failure to yield to emergency vehicles 2 27:39-29 Unlawful use of median strip 2 issue a notice of scheduled suspension of driving privileges. result in the loss of driving privileges. New Jersey 39:4-96 Reckless driving 5 All Roads and Highways Point Violations Remain on Driving Records will also suspend driving privileges if a driver 39:4-97 Careless driving 2 All point violations earned since March 1, 1974, remain on is convicted of a violation in another state that 39:3-20 Operating constructor vehicle in excess of 45 mph 3 39:4-97a Destruction of agricultural or recreational 2 would be grounds for suspension. It is important property a driver history record. However, the motorist’s current point 39:4-14.3 Operating a motorized bicycle on a restricted 2 total is based on accumulated points minus any point credits. to note that violations become a permanent part highway 39:4-97.1 Slow speed blocking traffic 2 of motorists’ driver history records. 39:4-4.3d More than one person on a motorized bicycle 2 39:4-97.2 Driving in an unsafe manner (Points only as- 4 How Points are Deducted 39:4-35 Failure to yield to a pedestrian in a crosswalk 2 sessed for the third or subsequent violation(s) within a five-year period.) A point total will never go below zero. Up to three points Driving while under the influence of alcohol or 39:4-36 Failure to yield to a pedestrian in crosswalk; 2 will be subtracted from a motorist’s point total one year after: passing a vehicle yielding to pedestrian in 39:4-98 and Exceeding maximum speed 1-14 mph over limit 2 drugs, or reckless driving, are examples of motor • the motorist’s last point violation; or vehicle violations that may result in the loss of crosswalk 39:4-99 Exceeding maximum speed 15-29 mph over 4 limit • the motorist’s license restoration; or driving privileges. It will take time and money to 39:4-41 Driving through safety zone 2 39:4-52 Racing on highway 5 Exceeding maximum speed 30 mph or more 5 • there have been no violations or suspensions on the reinstate driving privileges. over limit motorist’s driving record for the past year; or 39:4-55 Improper action or omission on grades and 2 39:4-105 Failure to stop for traffic light 2 • the last time annual safe driving points were subtracted This brochure presents facts about the penalties curves 39:4-115 Improper turn at traffic light 3 from the motorist’s record (whichever is later); or when imposed on motorists caught driving while under 39:4-57 Failure to observe direction of officer 2 39:4-119 Failure to stop at flashing red signal 2 • the motorist completes an MVC driver improvement the influence of alcohol or drugs in New Jersey.
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