That Simple Traffic Ticket May Be More Serious Than You Think
As we all know, driving in the State of New Jersey is a privilege and is not a right and that privilege can be taken away. In addition, as most of us know, getting around this area without a driver=s license can be very difficult and surely inconvenient. Some of the more serious motor vehicle offenses and potential penalties include the following:
- a. 39:3-10 (Driving without a License) If you do not have a valid license or if you have an expired license, you may be charged with driving without a license which could bring a penalty of over $200.00 in fines and Court costs, plus, you may not be able to get a license for at least six months after the date of your conviction.
- b. 39:3-10.18 (Failure to Possess a Valid Commercial Driver=s License) - $250.00 - $500.00 fine, up to sixty days in jail or both, and, if you are involved in an accident involving personal injury with this offense, you are subject to a $5,000.00 fine, jail for ninety (90) days and a suspension of your commercial driving privileges.
- c. 39:3-10.24 (Refusal to Consent to a Breath Sample After Arrest) - $250.00 - $500.00 fine and six (6) months loss of driving privileges.
- d. 39:3-40 (Driving After Your License has been Suspended)
- First offense - $500.00 fine and up to six (6) months additional loss of license;
- Second offense - $750.00 fine and not more than five (5) days in jail and up to six (6) months additional license suspension.
- Third offense - Ten (10) days in jail and up to six (6) months additional license suspension.
There are additional serious penalties with driving without a license. If, for example, you are involved in a motor vehicle accident which would include a forty-five (45) day jail sentence and other enhanced penalties for other offenses such as drunk driving.
- e. 39:4-49.1 (Operation of Motor Vehicle While in Possession of Any Narcotic Drug) - There is a minimum fine of $50.00, however, there is a two (2) year loss of driver=s license.
- f. 39:4-50 (Driving While Intoxicated/Driving Under the Influence of Alcohol) - First offense is a $250.00 - $400.00 fine, 12-48 hours in a detainment center and at the Court=s discretion, not more than thirty (30) days in jail and a six (6) month to one year suspension of your driver=s license. For a second offense, it is a $500.00 to $1,000.00 fine, thirty (30) days community service and 48 hours to 90 days in jail, and a two (2) year loss of license. If you have a third offense, it is 180 days in jail, and ten (10) year driver=s license suspension. In addition to the basic penalties, there are additional fines including a drunk driving enforcement penalty of $100.00, a safe neighborhood penalty of $75.00 and surcharges which could amount through DMV of $1,000.00 a year for three (3) years.
- g. 39:4-129 (Leaving the Scene of an Accident) - A $500.00 to $1,000.00 fine or 180 days in jail or both, and a one year loss of driver=s license.
- h. 39:6B2 (Failure to Carry Proper Motor Vehicle Insurance) - First offense is a $300.00 fine, a period of community service and one year loss of driver=s license. Subsequent offense is a $500.00 fine, 14 days in jail and 30 days community service, followed by a two (2) year loss of driving privileges.
For more information, please contact Blair C. Lane, Sr., at 856-528-3010. Initial consultations are free.
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