NOTICE TO THE BAR. Fines and Penalties of Common Motor Vehicle Offenses. Published with this notice is a revised schedule of Fines and Penalties of
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1 NOTICE TO THE BAR Fines and Penalties of Common Motor Vehicle Offenses Published with this notice is a revised schedule of Fines and Penalties of Common Motor Vehicle Offenses (formerly the Minimum Mandatory Fines and Penalties Schedule ). The schedule includes only selected offenses commonly charged under Title 39 of the New Jersey Statutes, not all chargeable motor vehicle offenses. Please note that court costs and mandatory assessments are not included in the fine amounts. The revisions are current through October The schedule is being provided for the convenience of municipal court practitioners. This is the first revision of the schedule since August This notice and the appended schedule also will be posted on the Judiciary s Internet website ( /s/ Glenn A. Grant Glenn A. Grant, J.A.D. Acting Administrative Director of the Courts Dated: December 2, 2008
2 Fines and Penalties of Common Motor Vehicle Offenses October, 2008 This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and does not contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing any sentence. The fines listed here DO NOT include court costs, so you may add court costs up to a maximum of $33.00, $5.50 of which may not be suspended. See 22A:3-4. The listed fines also do not include the assessments found in 39:5-41, which, as of the date of this schedule, total $6.00. Reference should be made to this statute to determine the correct amount of the assessments, at the time of sentencing. In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any offense found in subtitle 1 of Title 39, 39:1-1 to 39:5G-1. See 39:5-31. If the "" box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Agency assessment of $50 in accordance with 2C: Similarly, if the " Neigh." box is checked, the offense is subject to the mandatory Neighborhood assessment of $75 in accordance with 2C: If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an area which has been designated as having a speed limit of 65 miles per hour. 39: Similarly, if the "Con. Zone/ Cor" box is checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in a designated safe corridor. 39: If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule. REMEMBER that the payable amounts listed in the Violations Bureau Schedule DO include court costs and assessments, so court costs and assessments should never be added to the payable amount. Description Penalty MPH Cor 39:3-6.13(a) Registration card of apportioned vehicle not in vehicle 39: $500 $500 Tuesday, October 14, 2008 Page 1 of 18
3 Description Penalty MPH Cor 39:3-9a Failure to notify change in name 39:3-86 Fine or imprisonment not $25 $500 39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not $25 $500 39:3-10 Driving without a license where offender has never been licensed in N.J. or elsewhere 39:3-10 Driving without a license where the offender has been licensed in NJ or elsewhere 39: (a) 39: (b) Failure to possess valid commercial driver s license Driving a commercial vehicle after driver's license has been suspended 39: Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to 39: : Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to 39: Fine or imprisonment for not more than 60 days and no license to issue for at least 180 days Fine or imprisonment in the county jail for not more than 60 days Fine or imprisonment up to 60 days, or both 1) Fine or imprisonment up to 90 days, or both 2) If accident with personal injury to another occurs while violating this section, 90 days imprisonment, $5000 fine and suspension of commercial driving privileges in accordance with 39: (f) First offense: Fine and six month revocation of driver's license, and satisfy the requirements of a program of alcohol education pursuant to 39:4-50 Subsequent offense: Fine and 2 year revocation of driver's license, and satisfy the requirements of a program of alcohol education pursuant to 39:4-50 $200 $500 None $500 $250 $500 $500 $5000 $250 $500 $250 $500 Tuesday, October 14, 2008 Page 2 of 18
4 Description Penalty MPH Cor 39:3-12 Illegal securing of driver s license Fine or imprisonment for not less than 30 days nor more than 90 days, or both $200 $500 39:3-13.2a Violation of conditions of the special learner's permit, other than conviction of alcohol or drug related offense 39: $100 $100 39:3-20(e) Weight in excess of limitation permitted by certificate of registration for commercial vehicles Plus $100 per 1000 lbs. or fraction thereof of excess weight $500 none 39: Misuse of registration of empty trucks 39: Fine and suspension or revocation of the privilege $25 $100 39: Misuse of fire department or first aid squad plates 39: Misuse of disabled veteran plates 39: Misuse of commuter van plates 39: $25 $50 39: $25 $50 39: $25 $50 39: Misuse of street rod plates $25 $50 39:3-29 Failure to exhibit documents 39:3-29 Failure of omnibus driver to exhibit documents 39:3-29.8(a) Display/poss fictitious ID 39: C:43-3 2C: :3-29.8(b) Lend I.D. card to another 39: C:43-3 2C:43-8 If person can exhibit card to judge, then judge can dismiss but can impose costs If person can exhibit card to judge, then judge can dismiss but can impose costs Imprisonment shall not exceed 6 months; disorderly persons offense Imprisonment shall not exceed 6 months; disorderly persons offense $150 $150 $250 $250 None $1000 None $1000 Tuesday, October 14, 2008 Page 3 of 18
5 Description Penalty MPH Cor 39:3-29.8(c) Display/represent ID card not issued to him/her 39: C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $ :3-29.8(d) Permit unlawful use of ID card 39: C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $ :3-29.8(e) Utilization of ID card for forbidden acts 39: C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $ :3-29.8(f) Reproduction of I.D. cards 39: C:43-3 2C: :3-29.8(g) Alteration of I.D. cards 39: C:43-3 2C: :3-35 Lending or misusing registration certificate or plates 39:3-37 Falsifying application on examination 39:3-38 Counterfeiting plate or marker 39:3-38 Using other than issued marker 39:3-40 Driving when license refused, suspended, revoked or prohibited Imprisonment shall not exceed 6 months; disorderly persons offense Imprisonment shall not exceed 6 months; disorderly persons offense Fine or imprisonment for not more than 6 months, or both Fine or revocation of driver s license not exceeding 6 months (See attached chart at the end of the schedule) None $1000 None $1000 $25 $50 $200 $500 $50 $100 $25 $50 39:3-47(c) No altering equipment to defeat inspection 39:3-79 None $25 39: Unauthorized person operating emergency lights 39: None $200 Tuesday, October 14, 2008 Page 4 of 18
6 Description Penalty MPH Cor 39: More than 2 emergency warning lights on vehicle 39: Privilege to operate emergency warning lights may be suspended or revoked None $100 39:3-64(c) Warning signal required for disabled vehicle 39:3-79 None $25 39:3-66 Maintenance of lamps, reflectors, etc. 39:3-69 Horns and audible warning devices 39:3-79 None $25 39:3-79 None $25 39:3-70 Mufflers 39:3-79 None $25 39: Air pollution from motor vehicles and school buses Fine is per day/per vehicle $250 $ :3-71 Mirrors 39:3-79 None $25 39:3-72 Tire Equipment 39:3-79 None $25 39:3-74 Windshields must be unobstructed and equipped with cleaners 39:3-79 None $25 39:3-75 ty glass 39:3-79 None $25 39: Sale or operation of vehicle without safety belts 39:3-79 None $25 39:3-76.2a Restraint or booster seat for child under age 8 39:3-76.2d Fine shall be suspended if defendant can prove possession and use of approved restraint $10 $25 39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20 39: Failure to equip motorcycles with permanent seat and footrests for passenger $50 $100 Tuesday, October 14, 2008 Page 5 of 18
7 Description Penalty MPH Cor 39: Prohibition of supplying fuel to vehicle without label First offense (penalty may be collected in accordance with 2A: et seq.) Subsequent offense (penalty may be collected in accordance with 2A:58-10 et seq.) $25 $25 $50 $50 39:3-80 Vehicle with inferior tires First offense $50 $100 Subsequent offense $100 $200 39:3-81 Tires fitted with projections Penalty may be collected in accordance with 2A:58-10 et seq. $25 $50 39:3-84.3(i) Violation of dimensional limitations $150 $500 39:3-84.3(j) Violation of weight limitations Fine an amount equal to $0.02 per pound for each pound of the total excess weight provided the total excess weight is 10,000 Ibs. or less, or shall be fined an amount equal to $0.03 per pound for each pound of the total excess weight provided that the total excess weight is more than 10,000 lbs., but in no event should the fine be less than $50 $50 none 39:3-84.3(l) 39:3B-25 39:3C-17(a) Violation of designated routes School bus driver using cell phone Operating snowmobiles/all terrain vehicles on limited access highway First offense none $400 Second offense $700 $700 Subsequent offense $1000 $1000 $250 $500 39:3C-28 $100 $200 Tuesday, October 14, 2008 Page 6 of 18
8 Description Penalty MPH Cor 39: Sale of bike without reflectors 39: First Offense None $50 39: (e) Failure to wear helmet while operating electric personal assistive mobility device violations Subsequent Offense $100 $100 39: First offense: Warning none none 39: Second offense $10 $10 39: Third or subsequent offense, requires court to impound the device for not more than 30 days. A person who fails to comply with the requirements governing warning notices shall be fined not more than $100 for each violation. none none 39:4-36 Driver to yield to pedestrian at crosswalk 39:4-48 Operating or using a vehicle without consent of owner Fine or imprisonment not to exceed 15 days $100 $100 $100 none 39:4-49 Tampering with vehicle First offense $10 $50 39: Operation of a motor vehicle while in possession of controlled dangerous substance 39:4-50 Operating under the influence Subsequent offense: Fine or imprisonment not exceeding 30 days, or both Fine and 2 years suspension of driver s license (See attached chart at the end of the schedule) $50 $100 $50 none 39:4-50.4a Refusal to undergo breathalyzer test (See attached chart at the end of the schedule) Tuesday, October 14, 2008 Page 7 of 18
9 Description Penalty 39: Operation of motor vehicle by person whose blood alcohol is between.01% and.08% and is under the legal age to purchase alcoholic beverages MPH Cor Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under 2C:33-15, 33:1-81, 39:4-50, or any other law 39: (b) Parent driving while intoxicated with child in car 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $ : (b) Circumventing interlock device 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $ :4-51a Consumption of alcoholic beverage by operator or passenger First offense $200 $200 Second or subsequent offense: Fine or 10 days community service $250 $250 39:4-51b Possession of open container of alcohol in passenger compartment First offense $200 $200 Subsequent offense: Fine or community service for 10 days $250 $250 39:4-52 Racing on highway First offense $25 $100 Subsequent offense $100 $200 39:4-53 Leaving vehicle with engine running 39:4-56 Delaying traffic 39:4-203 Fine and imprisonment for a term not exceeding 15 days $10 $25 None $50 Tuesday, October 14, 2008 Page 8 of 18
10 Description Penalty MPH Cor 39: Willful abandonment of motor vehicle to obstruct traffic 39: Abandonment of motor vehicle 39: Failure of towing service to tow disabled vehicle 39:4-63 Placing, throwing, or depositing injurious substances on highway 39:4-64 Throwing or dropping debris from a vehicle 39: Operation of motor vehicle on public or private property to avoid traffic signal 39:4-67 Obstructing passage of vehicles 39: Fine and suspension of driver s license not less than 1 year nor more than 5 years Subsequent offense: Fine and suspension of driver's license for 5 years First offense: Fine and license or driving privileges may be suspended or revoked by Administrator of MVC for not more than 2 years Subsequent offense: Fine and license or driving privileges may be suspended or revoked by Administrator of MVC for a period of not more than 5 years Fine and may forfeit right to operate a motor vehicle for 30 days Fine or imprisonment not 39:4-203 Fine and imprisonment for a term not $200 $500 $500 $1000 $100 $500 $500 $1000 $25 $50 $100 $500 $200 $1000 None $50 Tuesday, October 14, 2008 Page 9 of 18
11 Description Penalty MPH Cor 39:4-76 Driving overweight vehicle on interstate bridge 39: Snow or ice falling off moving vehicle- noncommercial vehicle 39: Snow or ice falling off moving vehiclecommercial vehicle 39:4-80 Failure to obey directions of officer 39:4-81 Failure to obey traffic control device $0.02 per pound for each pound of excess weight if the excess does not exceed 10,000 pounds, and $0.03 per pound for each pound of excess weight if the excess weight exceeds 10,000 pounds, but in no event less than $ In addition, the owner of the vehicle shall be responsible for damages to the bridge $50 none $200 $1000 $500 $ :4-82 Failure to keep right 39: Failure to drive on righthand roadway 39:4-83 Failure to keep to right at intersection 39:4-84 Failure to pass to right when proceeding in opposite direction 39:4-85 Failure to pass to left when overtaking 39: Wrong way on one-way street Tuesday, October 14, 2008 Page 10 of 18
12 Description Penalty MPH Cor 39:4-86 Failure to overtake and pass properly 39:4-87 Failure to give overtaking vehicle right of way 39: Failure to yield to bus 39:4-88 Failure to drive properly in marked lanes 39:4-89 Following vehicle too closely 39:4-90 Failure to yield right of way at intersection 39: Entering or leaving limited access highways improperly 39:4-91 Failure to yield right of way to emergency vehicles 39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely 39: Following fire department vehicle too closely back to fire station 39:4-94 Train unnecessarily blocking highway 39:4-104 Fine or imprisonment not 39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60 days, or both Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or both $100 $500 Tuesday, October 14, 2008 Page 11 of 18
13 Description Penalty MPH Cor 39:4-97 Careless driving 39:4-104 Fine or imprisonment not 39:4-97a Motor vehicle operation causing property damage 39:4-104 Fine or imprisonment not 39: Slow speed as to block traffic 39:4-104 Fine or imprisonment not 39: Operating a motor vehicle in an unsafe manner, endangering persons or property First offense; $250 surcharge $50 $150 Second offense; $250 surcharge $100 $250 Third or subsequent offense; $250 surcharge $200 $500 39: Operating a motor vehicle while using a cell phone 39:4-97.3(d) If used as an alternative in a plea agreement, then same as penalty for 39: $100 $100 39:4-98 Speeding 39: : Fine or imprisonment not when guilty. Fine doubled when driving 20 mph over speed limit or 10 mph over in a 65 mph zone 39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not 39:4-115 Failure to make proper turn 39:4-116 Failure to make proper turn at arrow 39:4-117 Special pedestrian interval; pedestrian violation 39:4-117 Special pedestrian interval; motorist violation Tuesday, October 14, 2008 Page 12 of 18
14 Description Penalty MPH Cor 39:4-119 Failure to observe flashing traffic signals 39: Motorists required to obey traffic control device at public-private intersection 39: :4-203 Fine or improsonment for a term not 39:4-122 Failure to obey whistle of police officer 39:4-123 Failure to make proper turn 39:4-124 Failure to turn as indicated by buttons or markers at intersection 39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn" sign 39:4-126 Failure to signal before starting, turning or stopping 39:4-127 Backing or turning in street 39: Failure to stop at railroad crossings 39: Failure to stop at approaches to movable span bridges 39: Passing school bus while picking up or discharging First offense: Fine or imprisonment not exceeding 15 days or 15 days community service, or both Subsequent offense: Fine or imprisonment not exceeding 15 days, or both $100 none $250 none Tuesday, October 14, 2008 Page 13 of 18
15 Description Penalty MPH Cor 39:4-129(a) Leaving the scene of accident involving injury or death First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction. Imprisonment shall be imposed only if death or injury to another person $2500 $5000 Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license. Imprisonment shall be imposed only if death or injury to another person $2500 $ :4-129(b) Leaving the scene of accident involving damages to attended vehicle or property First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400 $600 39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400 $600 39:4-130 Failure to report accident $30 $100 Tuesday, October 14, 2008 Page 14 of 18
16 Description Penalty MPH Cor 39:4-132 Failure of repairman to report damages 39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs 39: Failure to maintain handicapped parking space Fine or imprisonment not less than 30 days nor more than 90 days, or both $100 $500 $500 $ :4-208 Improper traffic & parking on State property 39:4-208 Altering, conterfeiting or misuse of State parking permits 39:4-209 $1 $15 39:4-209 none $50 39:5C-1 Racing or making speed records First offense; disorderly persons offense $25 $100 Subsequent offense: Fine or imprisonment for not more than 90 days or both; disorderly persons offense $100 $200 39:6B-2 Failure to carry motor vehicle insurance coverage First offense: Fine and a period of community service as determined by the court, and suspension of driving privileges for 1 year $300 $1000 Subsequent offense: Fine and shall be subject to 14 days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction none $ :8-18 Affixing approval sticker without re-inspection or conformity to standards First offense: Fine and suspension of re-inspection center s license for at least 1 year but not more than 3 years Subsequent offense: Fine and permanent revocation of reinspection center's license $1000 $1500 $2000 $3500 Tuesday, October 14, 2008 Page 15 of 18
17 Description Penalty MPH Cor 39:8-48 Private agency affixes certificate without motor vehicle inspection 39:9-2 Commercial driver exceeding maximum permitted on-duty hours 39:10-10 Failure to deliver certificate of ownership Possible suspension of facility license for a period of not less than 6 months 39:9-4 First offense: If default in payment of fine, defendant shall be imprisoned for not more than 5 days Subsequent offense: If default in payment of fine, defendant shall be imprisoned for not more than 10 days $500 None $25 $25 $50 $50 $25 $25 39:10-11(a) Fail to submit evidence of purchase to director 39:10-20 First offense None $500 Subsequent offense: Suspend driver's license for less than unexpired term or revoke None $ :10-12 False application for a duplicate certificate of ownership Fine or imprisonment not exceeding 30 days, or both $200 $500 39:10-26 Motor vehicle dealer selling vehicle that does not meet standard 39: C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $ :10-27 Seller of used vehicle fails to make repair 39: C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $ :10B-2 Identification of motor component parts: Violation of record maintenance requirements Fine or imprisonment not exceeding 90 days, or both. $25 $100 39:11-3 Operating a junk yard without a license 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100 Tuesday, October 14, 2008 Page 16 of 18
18 Description Penalty MPH Cor 39:11-9 Failure of junk yard owner to certify the condition of vehicles sold 39:12-2 Operating a driving school without a license 39: Failure of driving school instructor to receive required training 39:12-5 Driving school employing an unlicensed instructor 39:12-11 Driving school failing to keep records 39:11-11 Fine or imprisonment not exceeding 90 days, or both 39:12-12 First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both 39:12-12 First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both 39:12-12 First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both 39:12-12 First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $25 $100 $100 $250 $250 $500 $100 $250 $250 $500 $100 $250 $250 $500 $100 $250 $250 $500 Tuesday, October 14, 2008 Page 17 of 18
19 Description Penalty 39:12-15 Failure to wear seat belts in driver's school (instructor and student) MPH Cor First offense $25 $25 Subsequent offense $50 $50 Tuesday, October 14, 2008 Page 18 of 18
20 39:4-50 and 39:4-50(g) Offense 39:4-50 Driving while intoxicated 1st Offense - BAC 0.08% or higher, but less than.10% or observation case - $250 to $400 fine, and - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and - in court's discretion, imprisonment not exceeding 30 days, and - driver's license suspension for a period of 3 months, and - $50, DDEF $100, SNSF $75, AND $100 surcharge, and - may order participation in supervised visitation programs either a condition of probation or a form of community service, and - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and - 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. 1st Offense - BAC 0.10% or higher or operation under influence of drugs - $300 to $500 fine, and - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and - in court's discretion, imprisonment not exceeding 30 days, and - driver's license suspension for not less than 7 months nor more than 1 year, and - $50, DDEF $100, SNSF $75, AND $100 surcharge, and October 6, may order participation in supervised visitation program as either a condition of probation or a form of community service, and Page 1 of 13
21 1 st Offense BAC 0.10% Cont. - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and - 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. 2nd Offense - $500 to $1000 fine, and - imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and - driver's license suspension for 2 years, and - community service for 30 days, and - $50, DDEF $100, SNSF $75, and $100 surcharge, and - may order participation in a supervised visitation program as either a condition of probation or a form of community service, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 2 years, and - 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. 3rd or Subsequent Offense - $1000 fine, and - imprisonment not less than 180 days in county jail or workhouse, except that 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 - driver's license suspension for 10 years, and - $50, DDEF $100, SNSF $75, and $100 surcharge, and - may order participation in a supervised visitation program as either a condition of probation or a form of community service, and October 6, 2008 Page 2 of 13
22 - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 10 years, and - 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. Please Note Please Note: If the second offense 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. October 6, 2008 Page 3 of 13
23 Offense 39:4-50(g) Driving while intoxicated while on school property 1st Offense - $500 to $800 fine, and - imprisonment not exceeding 60 days, and - driver's license suspension for not less than 1 year nor more than 2 years, and - $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and - 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. 2nd Offense - $1000 to $2000 fine, and - imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service, and - driver's license suspension for 4 years, and - community service for 60 days, and - $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and - 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. October 6, 2008 Page 4 of 13
24 3rd or Subsequent - $2000 fine, and - imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and - driver's license suspension for 20 years to start upon completion of any prison sentence, and - $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and - 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. October 6, 2008 Page 5 of 13
25 39:4-50.4a Offense 39:4-50.4a Refusal to submit to chemical test (penalty provision at 39:4-50.4a(a) 1st Offense - $300 to $500 fine, and - driver's license suspension not less than 7 months or more than 1 year (consecutive to any revocation imposed under 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent), and - DDEF $100, and - shall refer offender to IDRC. 2nd Offense - $500 to $1000 fine, and - driver's license suspension for 2 years (consecutive to any revocation imposed under 39:4-50), and - DDEF $100, and - shall refer offender to IDRC. 3rd or Subsequent - $1000 fine, and - driver's license suspension for 10 years (consecutive to any revocation imposed under 39:4-50), and - DDEF $100, and - shall refer offender to IDRC. October 6, 2008 Page 6 of 13
26 Offense 39:4-50.4a Refusal to submit to chemical test on school property (penalty provision at 39:4-50.4a(b) 1st Offense - $600 to $1000 fine, and - driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation imposed under 39:4-50), and - DDEF $100, and - shall refer offender to IDRC. 2nd Offense - $1000 to $2000 fine, and - driver's license suspension for 4 years (consecutive to any revocation imposed under 39:4-50), and - DDEF $100, and - shall refer offender to IDRC. 3rd or Subsequent - $2000 fine, and - driver's license suspension for 20 years (consecutive to any revocation imposed under 39:4-50), and - DDEF $100, and - shall refer offender to IDRC. October 6, 2008 Page 7 of 13
27 39:3-40 October, 2008 Note: For all offenses under this statute 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. 39:3-40(e). Offense 39:3-40 Driving while license suspended- general provision 1st Offense - $500 fine, and - driver's license suspension not to exceed 6 months 2nd Offense - $750 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for at least 1 but not more than 5 days, and - if 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. ( 39:3-40(j)). 3rd or Subsequent Offense - $1000 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for 10 days, and - if 3rd offense occurs within 5 years of a conviction for 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. October 6, 2008 Page 8 of 13
28 Offense 39:3-40 (f) (1) Driving while license suspended due to conviction for 39:6B-2 (driving without insurance) 1st Offense - $1000 fine, and - driver's license suspension not less than 12 months, nor more than 30 months, and - may impose imprisonment not more than 90 days. 2nd Offense - $1250 fine, and - driver's license suspension of not less than 12 months nor more than 30 months, and - may impose period of imprisonment of not more than 90 days, and - if 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. 3rd or Subsequent Offense - $1500 fine, and - driver's license suspension of not less than 12 months nor more than 30 months, and - imprisonment for not less than 10 days, nor more than 90 days, and - if 3rd offense occurs within 5 years of a conviction for 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. October 6, 2008 Page 9 of 13
29 Offense 39:3-40 (f) (2) Driving while license suspended due to conviction for: - 39:4-50 (driving while intoxicated), or - 39:4-50.4a (refusal to submit to chemical test), or - 39:5-30a to -30e (habitual offender) 1st Offense - $1000 fine, and -driver's license suspension of not less than 12 months, nor more than 30 months, and -imprisonment of not less than 10 days, nor more than 90 days, and -revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1) 2nd Offense -$1250 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 10 days, nor more than 90 days, and - revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and 3rd or Subsequent Offense - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. - $1500 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 10 days, nor more than 90 days, and - revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. October 6, 2008 Page 10 of 13
30 Offense 39:3-40 (f) (3) Driving while license suspended in a school zone due to conviction for: - 39:4-50 (driving while intoxicated), or - 39:4-50.4a (refusal to submit to chemical test) 1st Offense - $1000 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 60 days nor more than 90 days. 2nd Offense - $1250 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 120 days nor more than 150 days, and - if 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. 3rd or Subsequent Offense - $1500 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment for 180 days, and - if 3rd offense occurs within 5 years of a conviction for 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. October 6, 2008 Page 11 of 13
31 Offense 39:3-40 (g) Driving while license suspended for failure to pay surcharges under 17:29A-35 1st Offense - $500 fine, and - driver's license suspension not to exceed 6 months, and - $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed 2nd Offense - $750 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for at least 1 but not more than 5 days, and - $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and - if 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. 3rd or Subsequent Offense - $1000 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for 10 days, and - $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and - if 3rd offense occurs within 5 years of a conviction of 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. October 6, 2008 Page 12 of 13
32 Offense 39:3-40(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. 1st Offense - maximum $100 fine upon proof that the violator has satisfied the parking tickets October 6, 2008 Page 13 of 13
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