SENTENCES & PENALTIES SELECTED MV OFFENSES

[Pages:17]SENTENCES & PENALTIES SELECTED MV OFFENSES

N.J.S.A. 39:4-50(a) Driving While Intoxicated

! Person operates a motor vehicle or permits another to operate a motor vehicle

! While under the influence of intoxicating liquor, narcotic, or habit producing drug ! Defined as: a substantial deterioration or diminution of the mental faculties or physical capabilities. ! State may convict based solely on observation evidence of motorist.

! Or while the operator has a blood alcohol concentration ! of 0.08% or more, but less than 0.10% ! of 0.10% or more

N.J.S.A. 39:4-50(g) Driving While Intoxicated In a School Zone

! Same elements as N.J.S.A. 39:4-50(a) PLUS:

! The violation occurs while:

! On any school property used for school purposed which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

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

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

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

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DWI

39:4-50 Oper. or Allowing

Fines Jail

DL Revoke Suspend Revoke Suspend Under17 Other $ Penalties

Other Non $ Penalties 39:4-50(h) Comm Service

1st Offense Per Se 0.08% or more but less than 0.10% or operating under the influence of alcohol 39:4-50(a)(1)(i.)

$250 - $400

In court's discretion, incarceration not exceeding 30 days

Suspension 3 month

1st Offense Per Se 0.10% or more of alcohol or drugs at any

intoxicating level 39:4-50(a)(1)(ii)

2nd Offense Within 10 years of previous violation including foreign

convictions 39:4-50(a)(2)

3rd OR Subsequent Offense Within 10 years of previous violation including foreign convictions

39:4-50(a)(3)

$300 - $500

$500 - $1000

$1000

In court's discretion, incarceration not exceeding 30 days

Incarceration of not less than 48 consecutive hours to nor more than 90 days; 30 days community service

Incarceration not less than 180 days, except court may lower such term for each day, not exceeding 90 days, served in inpatient facility approved by IDRC

Suspension not less than 7 months, Suspension 2 years not more than 1 year

Suspension 10 year

Suspension to run thru 17th birth Suspension to run thru 17th birth Suspension to run thru 17th birth

date & thereafter for 3 month

date & thereafter for not less than 7 date & thereafter for 2 years

months, not more than 1 year

VCCB $50 DDEF $100 SNSF $75 N.J.S.A. 39:4-50(i) $ 100 Other mandatory fines under N.J.S.A. 39:5-41

VCCB $50 DDEF $100 SNSF $75 N.J.S.A. 39:4-50(i) $ 100 Other mandatory fines under N.J.S.A. 39:5-41

VCCB $50 DDEF $100 SNSF $75 N.J.S.A. 39:4-50(i) $ 100 Other mandatory fines under N.J.S.A. 39:5-41

May order participation in supervised visitation program as either a condition of probation or a form of community service (No differentiation based on per se BAC reading)

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

No community service for 1st offense

Shall serve 30 days 60 days in school zone 39:4-50(g)

Suspension to run thru 17th birth date & thereafter for 10 years

VCCB $50 DDEF $100 SNSF $75 N.J.S.A 39:4-50(i) $ 100 Other mandatory fines under N.J.S.A. 39:5-41

Court may order participation in supervised visitation program as either a condition of probation or a form of community service, AND

No community service for 3rd or subsequent offense

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

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DWI

39:4-50 Oper. or Allowing IDRC

BAIID or Revoke Regis.

1st Offense Per Se 0.08% or more but less than 0.10% or operating under the influence of alcohol 39:4-50(a)(1)(i.)

1st Offense Per Se 0.10% or more of alcohol or drugs at any

intoxicating level 39:4-50(a)(1)(ii)

12 to 48 hours IDRC & satisfy the screening, evaluation & referral requirements to be completed on 2 consecutive days of at least 6 hours each. If these requirements are not met, then mandatory 2-day term of imprisonment & suspension DL until requirements are satisfied. (no differentiation based on per se BAC reading)

May order installation of an interlock device on every owned, leased or regularly operated vehicle for not less than 6 months to not more than 1 year after the expiration of the period of suspension. No registration revocation for first offense (No differentiation based on per se BAC reading)

2nd Offense Within 10 years of previous violation including foreign

convictions 39:4-50(a)(2)

3rd OR Subsequent Offense Within 10 years of previous violation including foreign convictions

39:4-50(a)(3)

Subject to 39:4-50(b) Satisfy the screening, evaluation & referral requirements of the IDRC. If requirements not met, then mandatory 2-day term of imprisonment & suspension DL until requirements are satisfied.

Subject to 39:4-50(h) Satisfy the screening, evaluation & referral requirements of the IDRC. If requirements not met, then mandatory 2-day term of imprisonment & suspension DL until requirements are satisfied. Jail cannot be served in IDR Center

Court shall order installation of ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to nor more than 3 years after the expiration of the period of suspension, OR Court shall revoke registration certificate & plates for 2 years 39:3-40.1 (a)(1) [Corrected 6-6-05]

Court shall order installation of ignition

interlock device on every owned, leased

or regularly operated vehicle for not less

than 1 year to nor more than 3 years

after the expiration of the period of

suspension, OR

Court shall revoke registration

certificate & plates for 10 years for a

third or subsequent offense

39:3-40.1 (a)(1)

[Corrected 6-6-05]

DWI in School Zone, N.J.S.A. 39:4-50(g)

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School Zone DWI 39:4-50(g) Oper. or Allowing Fines Jail

Revoke Suspend

Comm Service IDRC

Other $ Penalties

1st Offense Per Se 0.08% or more or operating under the

influence of alcohol or drugs 39:4-50(a)(1)

2nd Offense Within 10 years of previous violation including

foreign convictions 39:4-50(a)(2)

2nd Offense Within 10 years of previous violation including

foreign convictions 39:4-50(a)(2)

$500 - $800 (no differentiation based on per se BAC reading) 39:4-50(g)

$1,000 - $2,000 39:4-50(g)

$2,000 39:4-50(g)

Up to 60 days (no differentiation based on per se BAC reading)

Not less than 96 hours, with a maximum of 180 days. May reduce by 90 days with community service

Incarceration not less than 180 days, except court may lower such term for each day, not exceeding 90 days, served in inpatient facility approved by IDRC

Suspension not less than 1 year not more than 2 years after period of incarceration Under 17 to run thru 17th birth date & thereafter for not less than 1 year not more than 2 years (No differentiation based on per se BAC reading)

Suspension 4 years after period of incarceration Under 17 to run thru 17th birth date & thereafter for 4 years

Suspension 20 years after period of incarceration Under 17 to run thru 17th birth date & thereafter for 20 years

No community service for 1st offense

60 days in school zone

No community service for 3rd or subsequent offense

12 to 48 hours IDRC & satisfy the screening, evaluation & referral requirements to be completed on 2 consecutive days of at least 6 hours each. If these requirements are not met, then mandatory 2-day term of imprisonment & suspension DL until requirements are satisfied. (no differentiation based on per se BAC reading)

Satisfy the screening, evaluation & referral requirements of the IDRC. If requirements not met, then mandatory 2-day term of imprisonment & suspension DL until requirements are satisfied.

Satisfy the screening, evaluation & referral requirements of the IDRC. If requirements not met, then mandatory 2-day term of imprisonment & suspension DL until requirements are satisfied. Jail cannot be served in IDR Center

VCCB $50 DDEF $100 SNSF $75 N.J.S.A. 39:4-50(i) $ 100 Other mandatory fines under N.J.S.A. 39:5-41

VCCB $50 DDEF $100 SNSF $75 N.J.S.A. 39:4-50(i) $ 100 Other mandatory fines under N.J.S.A. 39:5-41

VCCB $50 DDEF $100 SNSF $75 N.J.S.A. 39:4-50(i) $ 100 Other mandatory fines under N.J.S.A. 39:5-41

DWI in School Zone, N.J.S.A. 39:4-50(g)

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School Zone DWI 39:4-50(g) Oper. or Allowing

1st Offense Per Se 0.08% or more or operating under the

influence of alcohol or drugs 39:4-50(a)(1)

2nd Offense Within 10 years of previous violation including

foreign convictions 39:4-50(a)(2)

Other Non $ Penalties 39:4-50(h)

May order participation in supervised visitation program as either a condition of probation or a form of community service (No differentiation based on per se BAC reading)

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

BAIID or Revoke Regis.

May order installation of an interlock device on every owned, leased or regularly operated vehicle for not less than 6 months to not more than 1 year after the expiration of the period of suspension. No registration revocation for first offense (No differentiation based on per se BAC reading)

Court shall order installation of ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to nor more than 3 years after the expiration of the period of suspension, OR Court shall revoke registration certificate & plates for 2 years 39:3-40.1 (a)(1)

2nd Offense Within 10 years of previous violation including

foreign convictions 39:4-50(a)(2)

Court may order participation in supervised visitation program as either a condition of probation or a form of community service, AND

Court shall order installation of ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to nor more than 3 years after the expiration of the period of suspension, OR Court shall revoke registration certificate & plates for 10 years 39:3-40.1 (a)(1)

REFUSAL TO SUBMIT TO CHEMICAL BREATH TESTING N.J.S.A. 39:4-50.4a.

N.J.S.A. 39:4-50.4a (2)(a) Refusal to Submit to Chemical Breath Test (as amended L.2004, c.8, effecti ve 4-26-2004)

! Every motorist who operates a motor vehicle in New Jersey deems consent to submit to a chemical breath test to determine blood alcohol content. N.J.S.A. 39:4-50.2 (Implied Consent Statute).

! Conviction is based upon "preponderance," standard of evidence ! Conviction or administrative determination of violation of law of substantially similar nature, another jurisdiction is prior

conviction.

N.J.S.A. 39:4-50.4a(2)(b) Refusal to Submit to Chemical Breath Test Driving When Operating in a School Zone

! Same elements as N.J.S.A. 39:4-50.4(a) PLUS:

! The violation occurs while:

! On any school property used for school purposed which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

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

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

DWI Refusal, N.J.S.A. 39:4-50.4a. (Non School Zone & School Zone Offfenses)

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DWI Refusal 39:4-50.4a.a. Fine 39:4-50.4a(2)(a) DL Revoke/Suspend 39:4-50.4a(2)(a)

Other $ Penalties

IDRC

DWI Refusal, N.J.S.A. 39:4-50.4a.a.

1st Offense

2nd Offense

3rd or subsequent Offense

no less than $300, no more that $500 no less than $500, no more than $1,000 $1,000 fine

Suspension not less than 7 months, not more than 1 year Revocation/suspension to be concurrent or consecutive to suspension for 39:4-50 arising from same incident

2 year driver's license suspension to be consecutive to any revocation for 39:450

DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41

DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41

referral to IDRC

referral to IDRC

10 year driver's license suspension to be consecutive to any revocation for 39:450

DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41 referral to IDRC

DWI Refusal in a School Zone 39:4-50.4a.b.

Fine - School Zone 39:4-50.4a(2)(b) DL Revoke/Suspend - School Zone 39:4-50.4a(2)(b)

Other $ Penalties

DWI Refusal in a School Zone, N.J.S.A. 39:4-50.4a.b.

1st Offense

2nd Offense

no less than $600, no more than $1,000 No less than $1,000, no more than $2,000

DL Suspension not less than 1 year, not more than 2 years To run consecutively or concurrent with any suspension for DWI, at the discretion of the court

4 years suspension DL

DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41

DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41

3rd or subsequent Offense $2,000 20 year suspension DL

DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41

DWI Refusal in a School Zone 39:4-50.4a.b.

IDRC

1st Offense referral to IDRC

2nd Offense referral to IDRC

3rd or subsequent Offense referral to IDRC

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