M E M O R A N D U M. A recommendation was received that the fines for this section be a flat $50.

Transcription

1 To: New Jersey Law Revision Commission From: NJLRC Staff Re: Classification of offenses and associated penalties Date: June 11, 2007 M E M O R A N D U M The following pages include the classified penalty provisions found in Volumes I and II of Title 39. The classifications shown below are based on the tables originally prepared which grouped the offenses by their existing penalties. NJLRC Staff provided this Memorandum to interested parties for review and comment. Staff is interested in comments regarding the overall structure and the consolidation of offenses into classes, and in comments regarding whether particular offenses should be moved to another class. The pages below reflect comments received to this time, including suggestions that offenses be moved to other classes. Offenses and penalties highlighted in grey are those for which suggestions have been received that they be moved. General comments are included in text where appropriate. First, it was suggested that not all of the Title 39 offenses were included in this chart. Staff will confirm that all of the Volume I and II offenses are included. It has been suggested that there are some offenses that are relatively serious and can result in serious incidents that are classified with minor offenses. It has also been suggested that many of the offenses in Title 39 have fines that are unreasonably low that may play a role in the relatively lax observance of motor vehicle laws in New Jersey. Other officers suggested that they would prefer more statutory opportunities to warn a violator with a relatively clean record by writing them a ticket for a minor infraction rather than impose the heavy fines that some of the more common offenses now carry. Still other officers have focused on the inconsistencies - for example, officers are required to tow a vehicle for violation of 39:3-4 (unregistered vehicle) but the fine is only $54, while failing to have the registration document in the driver s possession is a (39:3-29) is a less serious offense, but carries a fine in excess of $100. Class A - fine up to $50; no jail time; no community service NOTE: The first four items in this class were originally in a class for fines up to $25. That class was whittled away by removing things that appeared to be in the nature of fees rather than fines. With such a limited number of items left in the class, and since there was no bottom dollar figure for this class, they were included here. A recommendation was received that the fines for this section be a flat $50. Statute Current Penalty Violation 3-36 Up to $25 Failure to notify Commissioner of change in residence within one week after change made Up to $10 or warning Commission by juvenile of violation of Title Page 1 of 14

2 39 provisions pertaining to pedestrians or bicycles $1-$5 Violation of regulations re: parking on State property First offense: warning Second: $10 Subseq: impound EPAMD for (B) (B) Violations of the provisions pertaining to electric personal assistive mobility device - second offense (see below for possible conflict) $50 Failure of physician to report epilepsy-like condition that is not responsive to treatment to Commissioner $50 and potential suspension or revocation of driving privilege Failure of individual suffering from condition described in box above to report it to Commissioner (B) Up to $25 or 30 days in prison; Subseq: $100 or up to 90 days Use of vehicle to transport passengers for hire without bus registration - first offense $50 and may revoke registration of vehicle for which plates issued Violation of provision of the statute pertaining to issuance of non-standard license plates 3-47 Up to $50 Failure to use lighted lamps when required (B) (B) (B) Up to $50; Subseq: up to $100 $50; subseq: $100 $50; subseq: $100 and priv to display lights and sirens may be susp or revoked Willful misuse of emergency warning lights by person authorized to display them Display of special identification light (by authorized person) in violation of statute Display of red emergency warning lights or sirens (by authorized person) in violation of statute d $10-$25 Selling or operating vehicle not equipped with proper passenger restraints j (B) $20 Failure to wear properly adjusted and fastened seat belt 3-81 $25-50 Selling, offering for sale, or possessing with intent to sell or use tires fitted with projections Up to $50 or prison for up to 30 days Operation of vehicle without required flaps on rearmost wheels 3B-26 Up to $50, prison for up to 30 days, or both 5G-1 $50; subseq: $100 Violation of statutory provision or regulation pertaining to school buses Limousines - Failure to have two-way communications system or for other violation other than those enumerated in statutory section $25; subseq: $50 Supplying compressed or liquefied gaseous fuel for a vehicle without the required label 3-35 $25-$50 Lending of registration or license plates 3-38 $25-$50 Improper use of a license plate other than the one issued by the Commissioner 3A-1; Up to $50, prison for up to 10 days, Operating a vehicle in which a television set Page 2 of 14

3 3A-2 (B) 4-49 or both $10-$50; subseq: $50-$100, prison up to 30 days, or both is placed so the viewing screen is visible to the driver while operating the vehicle Interfering with or tampering with a vehicle or putting its engine in motion while it is standing without owner s permission - first offense 4-53 $10-$25 Leaving motor vehicle with engine running unoccupied by a person able to control it, without setting hand brake to prevent movement $50 Failure to activate interior light when stopped by an officer during time when lighted lamps are required $25-$50 Failure of towing service to remove debris or material surrounding vehicle after being called to remove a disabled motor vehicle $50, prison for up to 15 days, or both Conviction of chapter 4 for which no penalty specified (B) (B) Up to $50 Up to $50; Subseq: up to $100 or prison for up to 30 days, or both Up to $25; Subseq: up to $ Up to $50; Subseq: up to $100 Violation of regulations concerning altering, counterfeiting or misuse of parking permits Violation of provisions regarding stopping at railroad grade crossings - first offense Payable by parent or legal guardian of person who violates a requirement of the act requiring bicycle helmets - first offense It was suggested that it was more important that the parent buy a helmet, rather than pay a penalty for a first offense. Violation of provisions pertaining to electric personal assistive mobility device - first offense Up to $50 Failure to have proper documentation while operating motorized bicycle 4-47 Up to $10 or up to 10 days in prison in default of payment Failure to comply with requirements regarding the information required to be displayed on commercial vehicles 5-35 Up to $25 Failure to surrender revoked driver s license, registration and license plates when required to do so Class B - fine between $50 and $100; no jail time; no community service Statute Current Penalty Violation 3-11 $100 or 30 days in prison, or both Operation of vehicle in violation of a condition or restriction placed on license 39: (C/D) $100 Violation of following conditions of permit or provisional license: supervision Page 3 of 14

4 3-4 Up to $100 or, for misstatement of fact in application for registration, $200-$500 or prison for up to 6 months 3-4b Up to $100 or, for misstatement of fact in application for registration, $200-$500 or prison for up to 6 months $25-$100 and suspension or revocation of registration Up to $25 or 30 days in prison; Subseq: $100 or up to 90 days in prison requirements for permit holders, passenger restrictions, hours of operation, seat belt requirements, interactive wireless communications devise use restrictions, any other violation of permit or provisional license as designated by Commissioner It was suggested that 39: should be used as the violation statute here. It was also suggested that many new drivers are failing to follow this section of the statute and that some community service should be imposed in addition to the fine for second and subsequent offenses. Violation of provisions pertaining to registration of vehicle Violation of provisions pertaining to temporary registration of vehicle Misuse of registration provisions for empty vehicles, and manufactured and mobile homes Use of vehicle to transport passengers for hire without bus registration 3-18 Up to $100 Violation of provisions re: general registration for manufacturer, converter or dealer 3-33 (B) Up to $100 or prison for up to 10 days for failure to pay fine; Subseq: penalties doubled Up to $50; Subseq: up to $100 $50; Subseq: $100 and priv to display lights and sirens may be suspended or revoked $50; Subseq: $100 Violation of any other provision of section pertaining to license plates and the display of the plates Willful misuse of emergency warning lights by person NOT authorized to display them Display of red emergency warning lights or sirens (by authorized person) in violation of statute - subsequent offense Display of special identification light (by authorized person) in violation of statute - subsequent offense $25-$100 Operation or ownership of vehicle operated which emits air contaminants in excess of required levels Up to $100 Failure to exhibit card authorizing window treatment on request of law enforcement officer or vehicle inspector 3-80 $50-$100; Subseq: $100-$200 Operation of vehicle with improper tires Page 4 of 14

5 3-82 Up to $100 or prison for up to 10 days for failure to pay fine Violation of requirements pertaining to tires on commercial vehicles $50-$100 Motorcycle operator carrying passenger in violation of statutory requirements 3C-20 $25-$100 Violation of requirements pertaining to snowmobile and ATV liability insurance 5G-1 $50; Subseq: $100 Limousines - Failure to have two-way communications system or for other violation other than those enumerated in statutory section - subsequent offense 3-38 (D) $50-$100 or revocation of driver s license for up to 6 months Counterfeiting or making a substitute or temporary license plate 3-38 $50-$100 or revocation of driver s license for up to 6 months Causing forged or counterfeited license plate to be placed on any vehicle 3-40 Up to $100 License suspension as a result of unpaid parking tickets (D) $30-$100 and possible revocation or suspension of drivers license and Failure to report accident involving injury, death or damage to property of any one registration 4-49 $10-$50; Subseq: $50-$100, prison for up to 30 days, or both (D) At least $50 and forfeiture of right to operate vehicle for 2 years person in excess of $500 to police Interfering with or tampering with a vehicle or putting its engine in motion while it is standing without owner s permission - subsequent offense Operation of vehicle while in possession of CDS or prescription legend drug without a valid prescription 4-54 Up to $100 or prison for up to 10 days for failure to pay fine Violation of provisions pertaining to trailers and towing 4-60 Up to $100 Soliciting trade or contributions by standing in roadway 4-52; 5C-1 (D) (E) $25-$100; Subseq: $100-$200 or prison for up Racing or arranging, managing, encouraging, or assists in holding of race or speed race to 90 days or both $100; subseq: at least $100 and 90 community service or both Up to $100, prison for up to 10 days, or both Up to $50; Subseq: up to $100, or prison for up to 30 days or both event - first offense Parking in a restricted parking space for use by persons with a special vehicle identification card - first offense Failure to obey directions of a police officer or directional signs or signals put in place by Attorney General to control flow of traffic during emergency conditions Violation of provisions regarding stopping at railroad grade crossings - subsequent offense $100 Suppressing evidence of a violation of the identity of the violator Up to $100 Violation of provisions pertaining to frozen dessert trucks Up to $25; Subseq: up to $100 Payable by parent or legal guardian of person who violates a requirement of the act requiring bicycle helmets - subsequent Page 5 of 14

6 Up to $50; Subseq: up to $100 offense It was suggested that the child be required to do community service. Violation of provisions pertaining to electric personal assistive mobility device - subsequent offense t Up to $100 Violations of provisions of the act or regulations pertaining primarily to documentation for motorized bicycle Up to $100 Person who fails to comply with provisions re: warning notices pertaining to EPAMDs 4-31 Up to $100 or prison Violation of provisions regarding vehicles of unusual size or weight 5-30 (D with dl suspension) Up to $100 Failure to obey summons to appear as witness in proceedings before Commissioner regarding revocation of license, registration, etc. Class C - fine between $100 and $500; jail time up to ten days; community service up to 30 days NOTE: A difficulty with the statutory sections in this class that have been marked with an asterisk after the statute number is that they have, under the current law, stepped-up provisions pertaining to first, second and, in some cases, subsequent offences. They do not fit neatly into this category. For example, 39: (operation of a vehicle in an unsafe manner likely to endanger a person or property) currently calls for a fine of $50-$150 for a first offense, $100- $250 for a second offense, and $200-$500 plus motor vehicle penalty points for a subsequent offense. 39:4-129 calls for a fine of $200-$400 for a first offense and $400-$600 for a subsequent offense. Including the asterisked items in this category without any explanation would throw the fines at each level (first, second, subsequent) open to a judge s discretion and would upset the scheme created by the Legislature and built in to the existing statute. Statute Current Penalty Violation 3-12 $200-$500, prison between days or both Procuring someone to take drivers license exam or taking license exam for applicant 3-10 $500 or prison for up to 60 days Violation of provisions of original section 39:3-10; but if applicant has never been licensed to drive, $200 and order requiring Commission to refuse license for a period of at least 180 days 3-4 Up to $100 or, for misstatement of fact in application for registration, $200-$500 or prison for up to 6 months 3-4b Up to $100 or, for misstatement of fact in application for registration, $200-$500 or prison for up to 6 months 3-33 (F) Up to $500 or prison for up to 60 days Misstatement of fact in application for registration of vehicle Misstatement of fact in application for temporary registration of vehicle Displaying fictitious license plate number Page 6 of 14

7 3-33 Up to $100 or prison for up to 10 days for failure to pay fine; Subseq: penalties doubled 3-17 Up to $500 or up to 60 days in prison 3-29 Up to $150 (B) 3-80* $50-$100; Violation of any other provision of section pertaining to license plates and the display of the plates Violation of non-resident touring privileges requirements Failure to have driver s license, registration or insurance card in possession while driving Operation of vehicle with improper tires - subsequent offense Subseq: $100-$ Up to $300 Preparation, possession or presentation of dispatch papers which do not correspond to load carried (F) Up to $200 Failure to stop and submit vehicle to measurement or weighing $150-$500 Vehicle operated or located on road in violation of height, width or length limits Per pound fines Vehicle in excess of weight limits * $400; Second: $700; Subseq: $1,000 Violation of regulations regarding designated routes for combination vehicles - first offense 3B-22 (D) $50-$500 Violation of requirements pertaining to school bus inspections 3B-25 $250-$500 Violation of limit on use of cellular telephone by school bus driver 3C-19; 3C-28; 3C-30* $100-$200; subseq: $200-$500 Violations of various statutory provisions regarding snowmobile or ATV operation 5G-1 $250; Subseq: $ Up to $500, prison for up to 3 months, or both 3-37 $200-$500, prison for up to 6 months, or both, plus revocation of registration or drivers license for 6 months to 2 years 3-86 $25-$500, prison for up to 15 days or both 4-129* $200-$400, prison for up to 30 days (F) or both plus forfeiture of right to operate vehicle in NJ for 6 months; Subseq: $400-$600, prison for days, or both, plus forfeiture of right (F) to operate vehicle in NJ for 1 year $100-$500, prison for days, or both Operating limousine without attached sideboards or without proof of insurance Application for a registration, license or learner s permit during period of suspension or revocation or when prohibited from applying Intentional misstatement of fact in application for registration, waiver of emission standards, or driver s license or knowingly providing an identification document to another person to aid in obtaining any of those documents for which the person is not qualified Violation of a provision of chapter 3 of Title 39 for which no penalty is specified Failure to stop at or return to the scene of an accident resulting only in damage to a vehicle or other property Failure, by person in charge of garage or repair shop, to report motor vehicle which Page 7 of 14

8 shows evidence of having been in an accident for which a report must be made, or of having been struck by a bullet 4-48 At least $100 Operating or using a motor vehicle without permission of the owner 4-51a* $200; Subseq: $250 or 10 days community service 4-51b* $200; Subseq: $250 or 10 days community service * $200-$500, suspension of license for 1-5 years and subject to registration suspended for 90 days to 1 year; Subseq: $500-$1000, license suspended for 5 years, subject to registration suspended between 90 days and 1 year ; * $100-$500 and license suspension or revocation for up to 2 years; Subseq: $500-$1000 and license suspension or revocation for up to 5 years; also owner of vehicle to pay removal and storage costs plus failure to pay claim vehicle or pay costs within 90 days may result in sale of vehicle at auction $50-$250, prison for up to 15 days or both * $50-$150; Second: $100-$250; Subseq: $200-$500 plus motor vehicle penalty points; Plus, for all offenses: surcharge of $250 to State 4-63 $100-$500 and possible forfeiture of operating priviledge for 30 days (B) 4-52; 5C- 1* Consuming an alcoholic beverage while driving or while a passenger in vehicle being operated Possession of open or unsealed alcoholic beverage container Willful disablement or abandonment of vehicle on highway, bridge or tunnel to interfere with or obstruct passage of other vehicles - first offense Abandonment of vehicle - first offense Driving on public property or private property to avoid a traffic control signal or sign Operation of a vehicle in an unsafe manner likely to endanger a person or property Abolishing the $250 surcharge was recommended This was supposed to be a break statute for drivers, but, at more than $400, it is no break. One officer suggested that someone with a good driving record might actually be better off taking the 2 points and that setting it up the way the current statute does actually punishes drivers for having a good record. Throwing or depositing or allowing to be thrown or deposited any glass or other sharp cutting substance on roadway $100-$250 Use of wireless communications device in violation of statute $25-$100; Racing or arranging, managing, encouraging, Subseq: $100-$200 or prison for up or assists in holding of race or speed race to 90 days, or both event 4-96* $50-$100, prison for up to 60 days, Reckless driving Page 8 of 14

9 (D/E) (recomm 4 pts with fine) or both; Subseq: $100-$500 and prison for up to 90 days, or both $50-$200, prison for up to 15 days or both $50-$200, prison for up to 15 days, or both $100; Subseq: at least $100 an dup to 90 days community service, or both * $400; Second: $700; Subseq: $ * At least $100, prison or community service for up to 15 days, or both; Subseq: at least $250, prison for up to 15 days, or both Penalty to be imposed where no other penalty specified for violations of chapter Violation of 39:4-80, 39:4-1 (?), 39:4-123, 39:4-140 for which no penalty specified Parking in a restricted parking space for use by persons with a special vehicle identification card - subsequent offense Overweight truck on Route 29 - subsequent offense Passing a bus used to transport children that is stopped to receive or discharge passengers - subsequent offense b Up to $200 or prison for up to 15 days, or both 4-77 Up to $500 Improper loading of vehicle 5B-24* Up to $250; (E) Subseq: up to $500 Violation of the provisions pertaining to motorized bicycles Violation of provisions regarding transportation of radioactive material Class D - fine between $500 and $1,000; jail time up to 20 days; community service up to 60 days Statute Current Penalty Violation 3-40 $500 and, if while suspended for violation of certain sections, revocation of registration; Second: $750, prison for up to 5 days and if second offense within 5 years of first, revocation of registration; Subseq: $1,000, prison for up to 10 days and, if occurs within 5 years of prior offense, revocation of registration Up to $1,000; Subseq: up to $5, $400; Second: $700; Subseq: $1,000 Operation of vehicle during period of driver s license or reciprocity refusal, suspension, revocation or refusal Violation of regs pertaining to standards governing installation and application of window covering, including registration of those in the business of installing or applying the materials - first offense Violation of regulations regarding designated routes for combination vehicles - first and second offenses Page 9 of 14

10 $600; Subseq: $ $1,200; Subseq: $1, (E) $200-$00, prison for up to 30 days, or both plus forfeiture of right to operate vehicle in NJ for 6 months; Subseq: $400-$600, prison for days, or both plus forfeiture of right to operate vehicle in NJ for 1 year $200-$500, suspension of licnese for 1-5 years and subject to registration suspended between 90 days and 1 year; Subseq: $500-$1,000, license suspended for 5 years, and subject to registration suspended 90 days to 1 year ; $100-$500 and license suspension or revocation for up to 2 years; Subseq: $500-$1000 and license suspension or revocation for up to 5 years; also owner of vehicle to pay removal and storage costs plus failure to pay claim vehicle or pay costs within 90 days may result in sale of vehicle at auction $400; Second: $700; Subseq: $1,000 Light-medium duty truck offering to move vehicle for compensation without displaying proper marker or license plate Heavy duty truck offering to move vehicle for compensation without displaying proper marker or license plate Failure to stop at or return to the scene of an accident resulting only in damage to a vehicle or other property - subsequent offense Willful disablement or abandonment of vehicle on highway, bridge or tunnel to interfere with or obstruct passage of other vehicles - subsequent offense Abandonment of vehicle - subsequent offense Overweight truck on Route 29 - subsequent offense 4-75 Up to $1,000 or prison up to 10 Operating overweight vehicle on bridge days in default of payment $200-$1,000 Noncommercial vehicle from which snow/ice is dislodged causing injury or property damage Class E - fine between $1,000 and $10,000; jail time up to 30 days; community service up to 90 days NOTE: The majority of the fines in this class are between $1,000 and $3,000 in the current statute. There are a few that are up to $5,000. The only offense calling for a fine greater than $5,000 - up to $10,000 (for a second offense) - is 39:5B-29 (violation of provisions regarding transportation of hazardous material). Statute Current Penalty Violation Page 10 of 14

11 Up to $1,000; Subseq: Up to $5,000 Violation of regs pertaining to standards governing installation and application of window covering, including registration of those in the business of installing or applying the materials - subsequent offense $1,000-$7,500 Knowing display of false tow truck markers or license plate or using fraud or deception in securing tow truck registration - subsequent offense $1,200; Subseq: $1,800 Heavy duty truck offering to move vehicle for compensation without displaying proper marker or license plate 5G-1 $2,500; Subseq: $5,000 Operation of limousine in violation of statutory requirements 5G-1 $1,250; Subseq: $2,500 Operation of limousine without proper registration of inspection 3-40 $3,000 Violation of section while license suspended pursuant to 17:29A-35 or the applicable regs $2,500-$5,000, prison up to 180 days, or both Failure to stop at or return to the scene of an accident resulting in injury or death to any person 4-46 Up to $5,000 or prison up to 90 days or both Knowingly causing to be displayed on a CMV a GVWR less than the actual GVWR $500-$1,500 Commercial vehicle from which snow/ice is dislodged causing injury or property damage 5B-29 $100-$500; Second: $200-$10,000; Subseq: $500-$25,000 [penalties may be reduced to $25, $50 and $125 for non-out-of-service equipment violation if proper proof of repair provided to Court] Violation of provisions regarding transportation of hazardous material Class F - Non-monetary penalties 3-13 Suspend permit for 90 days or suspend provisional license until holder attends remedial training course 3-13 Postpone issuance of basic license or suspend provisional and postpone eligibility for basic license for 90 days 3-13 Suspension of permit or provisional license Conviction of permit or provisional driver s license holder of violation resulting in more than 2 motor vehicle points or other listed MV violations (including DUI, etc.) [imposed in addition to any other penalty] Conviction of MV violation of the type described in box above after completion of remedial training course Conviction of alcohol or drug related offense unrelated to operation of motor vehicle and not subject to any suspension Page 11 of 14

12 and Disorderly person 3-40 In involved in an accident resulting in bodily injury to another - imprisonment for between days 3-40 Upon conviction, the court shall impose or extend a period of driver s license suspension for a period of up to 6 months 3-40 <additional penalties for violations of the statutory section while already under suspension> 3-40 <additional penalties for operation of vehicle in violation of section while on school property driving through a school crossing or driving through an undesignated school crossing knowing that juveniles are present> days imprisonment (10 days longer than that imposed for previous offense) 3-40 Possible license suspension and revocation of registration Revocation of registration and license plates for that conviction Misuse of permit, license or identification card (possessing, displaying, lending an invalid card, etc.) Operation of vehicle during period of driver s license or reciprocity refusal, suspension, revocation or refusal Operation of vehicle during period of driver s license or reciprocity refusal, suspension, revocation or refusal Operation of vehicle during period of driver s license or reciprocity refusal, suspension, revocation or refusal Operation of vehicle during period of driver s license or reciprocity refusal, suspension, revocation or refusal Second or subsequent violation of section involving a moving violation Owner or lessor of vehicle who permits another person to operate the vehicle knowing that the operator s driver s license is suspended for a DUI violation or knowing that the license is suspended and that the operator has been convicted within the last five years of operating a vehicle with a suspended or revoked driver s license Operating with a driver s license suspended for violation of DUI, operating with a driver s license suspended within a five year period, or for a second or subsequent DUI offense if ordered by the Court Impoundment of vehicle Knowingly permitting an unlicensed driver to operate, operates or permits operation without valid temporary registration or temporary license plates, or fails to surrender registration and license plates as required by 39:3-40.1(b) or (c) Forfeiture of driving privilege or prohibition from obtaining license for between days, community service for between days, and satisfaction of program requirements Operation of vehicle by person who has consumed alcohol but is under age to drink with BAC at least.01 but less than.08 Page 12 of 14

13 of an IDRC or participate in a program of alcohol education and highway safety - these penalties are in addition to any others imposed by court under 2C:33-15, 33:1-81, 39:4-50 or any other law First offense: between 6 months and one year; Subsequent offense: between 1 and 3 years DUI: Ignition interlock devices as alternative or supplemental penalty for violation of 39: License suspended for 1 year Failure to install an interlock device when required or driving vehicle other than the one equipped with the interlock device, or driving a vehicle equipped with interlock device after the vehicle is started by means other than the mandated person blowing into device Disorderly person Tampering or circumventing of interlock device (various methods set forth in statute) Vehicle impounded for 12 hours or until arrestee meets conditions for vehicle release DUI - violation of 4-50 or 4-50a Possible revocation of driver s license Willful violation of section regarding passing bus 4-23 Disorderly person Maltreating a horse 4-23 Crime of 4 th degree Beating a horse 5-25 Arrest without warrant or service with summons 5-7 Placement on probation between 6 months and one year 5-30 Notice of proposed final suspension or revocation of license, registration or non-resident reciprocity privilege 5-30 Preliminary suspension without hearing Violation of chapter 3 or 4 as specified in statute In proceedings instituted for violation of motor vehicle and traffic laws Violation of specified statutory provisions that result in death of another Violation of specified statutory provisions that result in death or serious bodily injury of another Habitual offender (3 or more suspensions for violations within 3 years) 5-30b Suspension of license for up to 3 years Suspension or revocation of license Failure to ay fee for driver improvement program Suspension of license between 30 and Accumulation of penalty points 180 days Suspension of license - commission Commission of subsequent offense within of one violation: between days; one year of license restoration subsequent violation: between days Suspension of license between 6 months and 2 years Conviction of drug offense Page 13 of 14

14 DUI offenses - not classified These items were not classified in the manner of the sections listed above because the statutory sections pertaining to DUI offenses are changed with some frequency and it appears to be important to maintain the relationship between the categories of first offense, second offense, subsequent offense, rather than risk the penalty for one category of offense changing disproportionately to the others as a result of a modification to the penalties for all Class B offenses, for example. Page 14 of 14