39:4-97.3 Operating Motor Vehicle While Using Cellular Device

Fine ranging from $100-$250. For information regarding points or surcharges contact the Motor Vehicle Commission. For information about car insurance eligibility and points contact your car insurance company or the New Jersey Department of Insurance.

1. a. The use of a wireless telephone by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

1. The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
2. The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

"Use" of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone.

c. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense.

d. A person who violates this section shall be fined no less than $100 or more than $250.

e. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

27 Things YOU Need to Know about Your DWI/DUI Case

What must your attorney do before trial?

1. Obtain all relevant reports and information about your stop and arrest, and make appropriate pre-trial motions in the proper time period

An understanding of the Municipal Court system:

1. Although most states allow for a jury trial in DWI matters, there is no right to a jury trial in New Jersey

How the arresting officer's testimony can be discredited:

1. Inconsistent statements
2. Failure to recollect

5 requirements which must be followed for chemical and roadside tests to be valid:

1. The officers must have had a reasonable suspicion that you were violating the law
2. The officer must have had probable cause to arrest you
3. You have to have been operating or about to operate the car
4. The officer must have probable cause to ask that you take a chemical test
5. The officer must give you your Miranda Rights after you are arrested, if he is going to interrogate you

What are 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you
2. The effect of a conviction

How to determine whether you should go to trial:

1. It's a cost-benefit analysis.  How much is it worth to defend my case?

What effect with this arrest have on my license and when will I be able to drive?

1. If your blood alcohol was over the legal limit or you refused a test, and if you are convicted, you may not be able to drive at all for a long period of time

How to save your license if you're found guilty in court?

1. Unfortunately there are not probationary or hardship licenses in New Jersey

What 5 preliminary motions should be filed (if relevant to your case):

1. Motion to suppress evidence on the grounds that you were unconstitutionally stopped
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure
3. Motion to suppress evidence for lack of probable cause to arrest
4. Motion to suppress statements on failure to give Miranda rights
5. Motion for Discovery of additional evidence

*If these motions are not filed, your case may not be dismissed when it should have been.  You may not be told about evidence which would prove your innocence

7 defenses in pre-trial motions:

1. Contest the constitutionality of the stop
2. Contest the constitutionality of the administration of roadside tests
3. Contest the constitutionality of probable cause to arrest
4. Contest the constitutionality of the Miranda rights
5. Contest the manner in which roadside tests were given
6. Contest the operability of the testing machine
7. Contest the constitutionality of any search and seizure

Law Offices of Jason Pollack

www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

Burlington County

105 High Street

Mount Holly, NJ

Camden County

211 S. White Horse Pike

Audubon, NJ

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ

30 Things YOU Need to Know about Your DWI/DUI Case

4 things that may be very helpful to your case:

1. If all the witnesses are not available to prove the State's case
2. If there is exculpatory evidence which would prove your innocence.
3. The Administrative Office of the Courts has directed that DWI cases are to be resolved in 60 days.  If the State cannot provide all the required discovery, it is possible (though unlikely) that your case can be dismissed, or the State may be prevented from introducing certain evidence at trial.
4. There may be evidentiary problems in proving your blood alcohol level.

6 facts that must be proved before you can be found guilty:

1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the Township, while
5. Your blood alcohol level was over the per se limit or
6. Your ability to drive a motor vehicle was substantially impaired (driving under the influence).

14 things you should note right away:

1. What your itinerary was prior to arrest
2. Your consumption of alcoholic beverages
3. Your observations of the officer
4. The officer's stated reasons for stopping your
5. Whether the officer asked or ordered you to take roadside tests
6. What where the officer's instructions for the field sobriety tests
7. Your performance on the roadside tests
8. Statements you made to the officer
9. What the results were of any breath or blood tests
10. Whether there were witnesses to your arrest
11. Whether you were observed prior to a breath test
12. Whether you were advised of your right to take an independent test
13. How long you were kept after testing
14. Your medical background

6 items crucial to your defense:

1. A good investigation of the facts
2. Vigorous cross-examination
3. A sound understanding of constitutional principles
4. A sound understanding of field sobriety testing
5. A sound understanding of breath testing and blood testing
6. An experienced attorney

Law Offices of Jason Pollack

www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

Burlington County

105 High Street

Mount Holly, NJ

Camden County

211 S. White Horse Pike

Audubon, NJ

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ

N.J.S.A 39:4-88 Failure to Observe Traffic Lanes

When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:

a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.

b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

c. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is signposted to give notice of that allocation.

d. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are signposted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.

e. When such roadway had been divided in such a manner that there are 3 or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except when and to the extent necessary to prepare for a left turn, or when necessary to enter or leave such roadway by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions.
Amended by L.1951, c. 23, p. 83, s. 47; L.1968, c. 432, s. 1, eff. Feb. 11, 1969.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

Jason Pollack in the South Jersey Times!

Jason C. Pollack, Esquire was quoted in the South Jersey Times!

Clink on the link below to check out the article:
http://www.nj.com/gloucester-county/index.ssf/2013/09/autumn_pasquale_murder_tougher_sentence_could_scrap_guilty_plea.html

Law Offices of Jason C. Pollack, P.C.

www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

Burlington County

105 High Street

Mount Holly, NJ

Camden County

211 S. White Horse Pike

Audubon, NJ

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ

N.J.S.A. 39:4-82 Failure to Keep Right

The law: N.J.S.A. 39:4-82
The New Jersey law that directly pertains to driving on the right side of the road is N.J.S.A. 39:4-82, which states that “Upon all highways of sufficient width, except upon one-way streets, the driver of a vehicle shall drive it on the right half of the roadway. He shall drive a vehicle as closely as possible to the right-hand edge or curb of the roadway, unless it is impracticable to travel on that side of the roadway, and except when overtaking and passing another vehicle subject to the provisions of sections 39:4-84 and 39:4-85 of this Title.”

MVC points & penalties

• New Jersey Motor Vehicle Commission (MVC) will penalize a conviction for failing to keep right by adding two points to your driving record
• Any time you get six or more points on your record within three years, you’ll be fined.
• If your point total meets or exceeds 12 points, your license will be automatically suspended.

Fines

• The traffic ticket fine for failure to keep to the right of the road is $85.
• If you commit this violation in a designated safe corridor or a construction zone, the ticket is $140.

LAW OFFICES OF JASON C. POLLACK, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

NJSA 39:4-90 Right of way at intersections

The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection. When 2 vehicles enter an intersection at the same time the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right.
The driver of a vehicle within an intersection intending to turn to the left shall yield to a vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but the driver having so yielded, and having given a signal when and as required by law, may make the left turn; and other vehicles approaching the intersection from the opposite direction shall yield to the driver making the left turn.
Amended by L.1958, c. 114, p. 587, s. 1.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

NJSA 39:4-71 Driving on Sidewalk

No person shall drive or back a horse or vehicle across, or allow the same to stand on a sidewalk unless it be in crossing the sidewalk to go into a yard or lot, and then not without the consent of the owner of the premises. This section shall not prohibit the passing of a horse or vehicle over a sidewalk in front of an alley or passageway with the owner's consent, or any municipality from driving or operating or causing to be driven or operated along or over the sidewalks within the municipality any vehicle for the purpose of maintaining or cleaning said sidewalks.
Amended by L.1963, c. 24, s. 1, eff. May 8, 1963.

LAW OFFICES OF JASON C. POLLACK, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A 39:4-85 Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

Amended by L.1951, c. 23, p. 82, s. 45.

LAW OFFICES OF JASON C. POLLACK, P.C.
www.sjattorney.net
 Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-144 Stopping or yielding right of way before entering stop or yield intersections

No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "stop" sign unless he has first brought his vehicle or street car to a complete stop at a point within 5 feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "yield right of way" sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, he is otherwise directed to proceed by a traffic or police officer or traffic control signal, or as provided in section 39:4-145 of this Title.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-105 Failure to Stop for Traffic Light

NJSA 39:4-105 States:

Traffic signals or signal devices shall conform strictly with the provisions of this article.
A three-color system shall be used; red, amber and green.

• Green means permission for traffic to go, subject to the safety of others or the specific directions of an officer, official sign or special signal.
•  Red means traffic to stop before entering the intersection or crosswalk and remain standing until green is shown alone, unless otherwise specifically directed to go by an officer, official sign or special signal.
•  Amber, or yellow, when shown alone following green means traffic to stop before entering the intersection or nearest crosswalk, unless when the amber appears the vehicle or street car is so close to the intersection that with suitable brakes it cannot be stopped in safety.

A distance of fifty (50) feet from the intersection is considered a safe stopping distance for a speed of twenty (20) miles per hour, and vehicles and street cars if within that distance when the amber appears alone, and which cannot be stopped with safety, may proceed across the intersection or make a right or left turn unless the turning movement is specifically limited.

All other uses of green, red, amber or yellow lights so located as to be confused with traffic signals shall be discontinued.

 

If you disobey a traffic light in New Jersey, the New Jersey Motor Vehicle Commission will punish the offense by putting two (2) points on your driving record. These two points alone don’t trigger any bad effects (unlike insurance points).  However, they don’t expire, and the points earned from multiple smaller traffic violations can add up to big trouble. Getting six points on your record in any three-year period will result in a $150 surcharge (plus $25 for each additional point). Twelve or more points on your record at one time will result in your license being suspended. Up to three points can be removed for participating in a state-approved safe driver program, but there is a limit to how frequently you can deduct points in this way.

 

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

 

Burlington County
105 High Street
Mount Holly, NJ 08060

 

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

 

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-36 Driver to yield to pedestrians, exceptions; violations, penalties

a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise prohibited by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:

1. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
2. Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety.
3. Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
4. Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
5. The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, "half of the roadway" means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.

b. A person violating any paragraph of subsection a. of this section shall, upon conviction thereof, pay a fine to be imposed by the court in the amount of $200. The court may also impose upon a person violating any paragraph of subsection a. of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to a fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, in the discretion of the court. As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

 

 c. Of each fine imposed and collected pursuant to subsection b. of this section, $100 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the "Pedestrian Safety Enforcement and Education Fund" created by section 1 of P.L.2005, c.84 (C.39:4-36.2).

 d. In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-81 Failure to Observe Traffic Signals

N.J.S.A 39:4-81 States:

"a. The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer."
“b. When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, as provided in R.S.39:4-144.”

This means that you must obey the traffic signals, whether you are a motorist or a pedestrian, unless a traffic officer or police directs you to do otherwise. If the traffic control signal isn’t working, you must still stop at the intersection and yield the right of way in accordance with the traffic laws.

MVC points and penalties
Failure to observe traffic signals results in the New Jersey Motor Vehicle Commission (MVC) adding two points to your driving record. Keep in mind that if you accumulate six or more points on your New Jersey driving record within three years, you’ll be subject to a surcharge; if you get 12 or more points at any time, your license will be suspended.

Fines
The traffic fine for failing to observe a traffic signal is $85. However, if you commit this motor vehicle violation in a designated safe corridor, construction zone, or 65-mile-per-hour area, the ticket is $140.

The municipal court can also fine you from $50 to $200 and/or imprison you in state prison for up to 15 days.

Insurance rates
Additionally, New Jersey-licensed automobile insurance providers will add two “insurance eligibility points,” which means higher insurance rates. If you accumulate too many points, you won’t be able to get insurance coverage through the voluntary market at all, and you’ll have to purchase coverage through the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP).

*However, there are no points assessed for red light camera violations

LAW OFFICES OF JASON POLLACK, P.C.

www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-128.1 Passing a Stopped School Bus

1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

2. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of avehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

3. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted there from or be about to enter said bus.

For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted there from shall have reached a place of safety.

PENALTIES: 5 POINTS BY DMV, PLUS 5 CAR INSURANCE ELIGIBILITY POINTS, PLUS:
Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act.
The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.

LAW OFFICES OF JASON C. POLLACK, P.C.

www.sjattorney.net

Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

National College for DUI Defense

For the second summer in a row, Jason Pollack has attended the National College for DUI Defense in Boston to better his skills at defending those charged for DUI/DWI.

 

Law Offices of Jason C. Pollack, Esq.

 We handle:
DWI/DUI
Traffic violations
Municipal Court Matters
Superior Court
Criminal Matters
Juvenile Law

www.sjattorney.net

Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-115 Improper Turn at Traffic Signal

39:4-115.  The driver of a vehicle or the motorman of a streetcar: a. intending to turn to the right or left at an intersection where traffic is controlled by traffic control signals or by a traffic or police officer, shall proceed to make either turn with proper care to avoid accidents and, except as provided in b. below, only upon the "go" signal unless otherwise directed by a traffic or police officer, an official sign or special signal; or b. intending to turn right at an intersection where traffic is controlled by a traffic control signal shall, unless an official sign of the State, municipality, or county authority having jurisdiction over the intersection prohibits the same, proceed to make the turn upon a "stop" or "caution" signal with proper care to avoid accidents after coming to a full stop, observing traffic in all directions, yielding to other vehicular traffic traveling in a direction in which the turn will be made, and stopping and remaining stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning.  Both the approach for and the turn shall be made as close as practicable to the right-hand curb or edge of the roadway, unless such intersection is otherwise posted.
Law Offices of Jason Pollack

www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

Burlington County

105 High Street

Mount Holly, NJ

Camden County

211 S. White Horse Pike

Audubon, NJ

 

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ

N.J.S.A. 39:4-130 Failure to Report an Accident

The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the division on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the director to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances. The director may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous. The division may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the division, the original report is insufficient. The reports shall be without prejudice, shall be for the information of the division, and shall not be open to public inspection. The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.

Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.

Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.

 A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the division pursuant to R.S.39:4-131.
Any person who knowingly violates this section shall be fined not less than $30 or more than $100.
The director may revoke or suspend the operator's license privilege and registration privilege of a person who violates this section.
For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.  

Law Offices of Jason Pollack

www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

 

Burlington County

105 High Street

Mount Holly, NJ

Camden County

211 S. White Horse Pike

Audubon, NJ

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ

N.J.S.A 39:4-129 Leaving the Scene of an Accident

1. The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section.
1. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section. In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.
2. The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section.
1. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both. In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
3. The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator's license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person. In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.
4. The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.
5. There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property has knowledge that he was involved in such accident. For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident. There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle. Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.

Law Offices of Jason Pollack

www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

Burlington County

105 High Street

Mount Holly, NJ

Camden County

211 S. White Horse Pike

Audubon, NJ

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ

Jason Pollack on CBS Talk Philly! (Link Included)

Today Jason Pollack was on CBS Talk Philly discussing the importance of hiring the right attorney when convicted of a DUI.

Click on the link to check it out:
http://philadelphia.cbslocal.com/2013/07/12/law-offices-of-jason-pollack-esq/

www.sjattorney.net

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A 39:4-98 Speeding

A speeding charge is a very common offense handled by New Jersey Municipal Courts.

For example, the following limits apply even if a sign is not posted:

• The limit in residential and school zone areas is 25 Miles Per Hour (MPH).
• The limit in business areas is 35 MPH.
• The limit on state highways is generally 50 MPH.
• The limit on major highways - NJ Turnpike / Garden State Parkway - is 65 MPH.
• The limit is always lowered in construction zones.

Exposure

• 1-14 over the limit is a two point violation; 15-29 over the limit is a four point violation; exceeding 29 miles per hour over the limit is a five point violation.
• Defendants also face double fines for exceeding the limit in 65 MPH zone, construction zone or safe corridor.
• The courts may impose up to 15 days in jail following a conviction for this charge, although it is unusual for courts to exercise such discretion.
• Instead, if the speed is excessive or the violation is willful a court is likelier to suspend a license for a time period left to the discretion of the sentencing Judge.

State Must Prove:
To obtain a conviction the state must prove the following:
1. defendant operated the vehicle;
2. speed limit;
3. driver exceeded the limit.
The most common method of proving this violation is radar which must be calibrated and the operator must be qualified to operate it.
The state must produce documentation to support calibration and qualification of the operator.
Another method employed by police is "pacing" which New Jersey Courts accept as a legitimate method of measuring another driver's speed provided the officer will testify that he or she was trained to pace other vehicles on the road.

Strategy In Court
The most common downgrade that a New Jersey Traffic attorney achieves on behalf of a client to this charge is unsafe driving N.J.S.A 39:4-97.2, although it should be noted that unsafe driving carries an approximate fine of $400.
Additionally, four points are assessed on one's driving record for a third unsafe driving conviction within five years of a second unsafe driving conviction.
Hence, drivers with a second unsafe driving conviction in the last five years are not eligible for this zero point downgrade.
Out of state drivers, however, from New York or Pennsylvania, for example, are eligible for zero point downgrades without pleading guilty to an unsafe driving charge.

Did You Know
An exemption from liability insurance premium increase in the state of New Jersey is available to drivers who obtain a two point speeding ticket provided that they have not had any other moving violations in the last three years.
In other words, a driver who is free of moving violations in the last three years may secure a two point ticket under this statute - driving 1-14 miles per hour over the limit - without having his or her insurance premium go up.
All time periods in municipal court including for purposes of counting the three years in question, always start to run from the date of the violation and not the date of the conviction in court.
This is pursuant to New Jersey state law N.J.S.A. 17:33B-14.1, that all insurance companies doing business in the state of New Jersey must obey.

Law Offices of Jason Pollack
www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

 

Burlington County

105 High Street

Mount Holly, NJ 08060

 

Camden County

211 S. White Horse Pike

Audubon, NJ 08106

 

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ 08037

N.J.S.A. 39:4-97 Careless Driving

Careless driving ticket N.J.S.A. 39:4-97 is perhaps the most common traffic violation heard in every New Jersey Municipal Court.

Police generally issue this ticket to a driver deemed at fault following a motor vehicle accident.

Exposure

• A person found guilty of this violation faces two motor vehicle and insurance points plus a fine. 
• Incarceration may be imposed up to 15 days for careless driving although courts rarely if ever exercise such discretion. 
• The Court is more likely to impose jail for this violation in the event of an accompanying DUI charge that was dismissed based on a technicality.
• The court may also suspend a driver's license if it finds the violation to have been willful. 
• The period of suspension is left to the discretion of the Judge.
• Again, courts rarely, if ever exercise such extreme discretion following a careless driving charge.

State Must Prove:
To obtain a conviction the state must prove the following:

1. You were the driver - usually elicited by police or witness testimony in the identification phase of the trial
2. You were driving a vehicle - vehicle is interpreted expansively to include bicycles although riding a bike on sidewalk is a defense
3. Careless or without caution; in a manner endangering or likely to endanger a person or property.  

Strategy In Court

• A good alternative plea is pleading guilty to obstructing traffic N.J.S.A 39:4-67.
• If the prosecutor does not grant that request then unsafe driving N.J.S.A 39:4-97.2 should be considered, although it should be noted that unsafe driving carries an approximate fine of $400. 
• Additionally, four points are assessed on one's driving record for a third unsafe driving conviction within five years of a second unsafe driving conviction.
• Finally, when the offense involves an accident with personal injury or property damage, NJ traffic lawyer will not enter into any plea agreement unless it is accompanied with a "civil reservation."
• This way the plea cannot be used as evidence in any subsequent civil lawsuit.

Law Offices of Jason Pollack
www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

 

Burlington County

105 High Street

Mount Holly, NJ 08060

 

Camden County

211 S. White Horse Pike

Audubon, NJ 08106

 

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ 08037

N.J.S.A. 39:4-96 Reckless Driving

Reckless driving carries much harsher penalties than careless driving, though. It is defined in NJSA 39:4-96 as “driv[ing] a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”

The main difference between reckless driving and careless driving (aside from the difference in penalties) is intent. Obviously, few people intend to get in a car crash, but the law differentiates between driving “without due caution and circumspection” (in the case of careless driving) and driving “in willful or wanton disregard of the rights or safety of others” (in the case of reckless driving).

Penalties: Reckless driving is one of the New Jersey traffic violations with the most severe punishment

• A person who is guilty of first-time reckless driving can be imprisoned up to 60 days in county or municipal jail and/or fined between $50 and $200.
• A second or subsequent conviction of the same offense will result in imprisonment up to three months and/or a fine of $100 to $500.
• In addition to fines and possible jail time, a person who is convicted of or pleads guilty to reckless driving will have five points added to his New Jersey driving record.
• Note: If you get six points added to your record in one three-month period, you will be fined $150, plus $25 for each point beyond six. If you have 12 points on your record at any time, your license will be suspended.Points don’t expire, so a number of offenses over time can add up to a big penalty. However, three points will be deducted from your total for each year you go without a driving violation or a license suspension. You can also earn point deductions by participating in a defensive driving course (two points), a driver improvement program (three points), or a probationary driver program (three points), but there are limits to how frequently you can use these options.

Insurance Rates Will Increase
New Jersey auto insurers use a similar point system to determine how much a driver will have to pay for coverage. The more points you accumulate, the greater risk you present and the more you will have to pay. If you accumulate too many “insurance eligibility points,” you may be unable to buy insurance at all on the voluntary market and may have to go through the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP).

Law Offices of Jason Pollack
www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

 

Burlington County

105 High Street

Mount Holly, NJ 08060

 

Camden County

211 S. White Horse Pike

Audubon, NJ 08106

 

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ 08037

N.J.S.A. 39:4-88 Failure to Observe Traffic Lanes

When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations: a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.

b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

c. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is sign posted to give notice of that allocation.

d. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are sign posted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.

e. When such roadway had been divided in such a manner that there are 3 or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except when and to the extent necessary to prepare for a left turn, or when necessary to enter or leave such roadway by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions.

Law Offices of Jason Pollack
www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

 

Burlington County

105 High Street

Mount Holly, NJ 08060

 

Camden County

211 S. White Horse Pike

Audubon, NJ 08106

 

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ 08037

N.J.S.A. 39:3-10 Unlicensed Driver

Under NJSA 39:3-10, all motorists on any New Jersey road or highway must be properly licensed to drive. The penalties for violating this statute are severe, and include a fine of up to $500, a six-month driver's license suspension, and the possibility of jail. 

NJSA 39:3-10 provides:

No person shall drive a motor vehicle on a public highway in this State unless the person is under supervision while participating in a behind-the-wheel driving course pursuant to section 6 of P.L.1977, c.25 (C.39:3-13.2a) or is in possession of a validated permit, or a provisional or basic driver's license issued to him in accordance with this article.

No person under 18 years of age shall be issued a basic license to drive motor vehicles, nor shall a person be issued a validated permit, including a validated examination permit, until he has passed a satisfactory examination and other requirements as to his ability as an operator. The examination shall include a test of the applicant's vision, his ability to understand traffic control devices, his knowledge of safe driving practices and of the effects that ingestion of alcohol or drugs has on a person's ability to operate a motor vehicle, his knowledge of such portions of the mechanism of motor vehicles as is necessary to insure the safe operation of a vehicle of the kind or kinds indicated by the applicant and of the laws and ordinary usages of the road. No person shall sit for an examination for any permit without exhibiting photo identification deemed acceptable by the commission, unless that person is a high school student participating in a course of driving education approved by the State Department of Education and conducted in a public, parochial or private school of this State, pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1). The commission may waive the written law knowledge examination for any person 18 years of age or older possessing a valid driver's license issued by any other state, the District of Columbia or the United States Territories of American Samoa, Guam, Puerto Rico or the Virgin Islands. The commission shall be required to provide that person with a booklet that highlights those motor vehicle laws unique to New Jersey. A road test shall be required for a provisional license and serve as a demonstration of the applicant's ability to operate a vehicle of the class designated. No person shall sit for a road test unless that person exhibits photo identification deemed acceptable by the commission. A high school student who has completed a course of behind-the-wheel automobile driving education approved by the State Department of Education and conducted in a public, parochial or private school of this State, who has been issued a special learner's permit pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1) prior to January 1, 2003, shall not be required to exhibit photo identification in order to sit for a road test. The commission may waive the road test for any person 18 years of age or older possessing a valid driver's license issued by any other state, the District of Columbia or the United States Territories of American Samoa, Guam, Puerto Rico or the Virgin Islands. The road test shall be given on public streets, where practicable and feasible, but may be preceded by an off-street screening process to assess basic skills. The commission shall approve locations for the road test which pose no more than a minimal risk of injury to the applicant, the examiner and other motorists. No new locations for the road test shall be approved unless the test can be given on public streets.

The commission shall issue a basic driver's license to operate a motor vehicle other than a motorcycle to a person over 18 years of age who previously has not been licensed to drive a motor vehicle in this State or another jurisdiction only if that person has: (1) operated a passenger automobile in compliance with the requirements of this title for not less than one year, not including any period of suspension or postponement, from the date of issuance of a provisional license pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4); (2) not been assessed more than two motor vehicle points; (3) not been convicted in the previous year for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), P.L.1992, c.189 (C.39:4-50.14), R.S.39:4-129, N.J.S.2C:11-5, subsection c. of N.J.S.2C:12-1, or any other motor vehicle-related violation the commission determines to be significant and applicable pursuant to regulation; and (4) passed an examination of his ability to operate a motor vehicle pursuant to this section.

The commission shall expand the driver's license examination by 20%. The additional questions to be added shall consist solely of questions developed in conjunction with the State Department of Health and Senior Services concerning the use of alcohol or drugs as related to highway safety. The commission shall develop in conjunction with the State Department of Health and Senior Services supplements to the driver's manual which shall include information necessary to answer any question on the driver's license examination concerning alcohol or drugs as related to highway safety.
Up to 20 questions may be added to the examination on subjects to be determined by the commission that are of particular relevance to youthful drivers, after consultation with the Director of the Office of Highway Traffic Safety.

The commission shall expand the driver's license examination to include a question asking whether the applicant is aware of the provisions of the "Revised Uniform Anatomical Gift Act," P.L.2008, c.50 (C.26:6-77 et al.) and the procedure for indicating on the driver's license the intention to make a donation of body organs or tissues pursuant to P.L.1978, c.181 (C.39:3-12.2).
Any person applying for a driver's license to operate a motor vehicle or motorized bicycle in this State shall surrender to the commission any current driver's license issued to him by another state or jurisdiction upon his receipt of a driver's license for this State. The commission shall refuse to issue a driver's license if the applicant fails to comply with this provision. An applicant for a permit or license who is less than 18 years of age, and who holds a permit or license for a passenger automobile issued by another state or country that is valid or has expired within a time period designated by the commission, shall be subject to the permit and license requirements and penalties applicable to State permit and license applicants who are of the same age; except that if the other state or country has permit or license standards substantially similar to those of this State, the credentials of the other state or country shall be acceptable.

The commission shall create classified licensing of drivers covering the following classifications:

1. Motorcycles, except that for the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering.
2. Omnibuses as classified by R.S.39:3-10.1 and school buses classified under N.J.S.18A:39-1 et seq.
3. (Deleted by amendment, P.L.1999, c.28).
4. All motor vehicles not included in classifications a. and b. A license issued pursuant to this classification d. shall be referred to as the "basic driver's license."

Every applicant for a license under classification b. shall be a holder of a basic driver's license. Any issuance of a license under classification b. shall be by endorsement on the basic driver's license.
A driver's license for motorcycles may be issued separately, but if issued to the holder of a basic driver's license, it shall be by endorsement on the basic driver's license.

The commission, upon payment of the lawful fee and after it or a person authorized by it has examined the applicant and is satisfied of the applicant's ability as an operator, may, in its discretion, issue a license to the applicant to drive a motor vehicle. The license shall authorize him to drive any registered vehicle, of the kind or kinds indicated, and shall expire, except as otherwise provided, on the last day of the 48th calendar month following the calendar month in which such license was issued.

The commission may, at its discretion and for good cause shown, issue licenses which shall expire on a date fixed by it. If the commission issues a license to a person who has demonstrated authorization to be present in the United States for a period of time shorter than the standard period of the license, the commission shall fix the expiration date of the license at a date based on the period in which the person is authorized to be present in the United States under federal immigration laws. The commission may renew such a license only if it is demonstrated that the person's continued presence in the United States is authorized under federal law. The fee for licenses with expiration dates fixed by the commission shall be fixed by the commission in amounts proportionately less or greater than the fee herein established.

The required fee for a license for the 48-month period shall be as follows:

• Motorcycle license or endorsement: $ 18.
• Omnibus or school bus endorsement: $ 18.
• Basic driver's license: $ 18.

The commission shall waive the payment of fees for issuance of omnibus endorsements whenever an applicant establishes to the commission's satisfaction that said applicant will use the omnibus endorsement exclusively for operating omnibuses owned by a nonprofit organization duly incorporated under Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes.
The commission shall issue licenses for the following license period on and after the first day of the calendar month immediately preceding the commencement of such period, such licenses to be effective immediately.

All applications for renewals of licenses shall be made in a manner prescribed by the commission and in accordance with procedures established by it.

The commission in its discretion may refuse to grant a permit or license to drive motor vehicles to a person who is, in its estimation, not a proper person to be granted such a permit or license, but no defect of the applicant shall debar him from receiving a permit or license unless it can be shown by tests approved by the commission that the defect incapacitates him from safely operating a motor vehicle.

In addition to requiring an applicant for a driver's license to submit satisfactory proof of identity and age, the commission also shall require the applicant to provide, as a condition for obtaining a permit and license, satisfactory proof that the applicant's presence in the United States is authorized under federal law.

If the commission has reasonable cause to suspect that any document presented by an applicant as proof of identity, age or legal residency is altered, false or otherwise invalid, the commission shall refuse to grant the permit or license until such time as the document may be verified by the issuing agency to the commission's satisfaction.

A person violating this section shall be subject to a fine not exceeding $ 500 or imprisonment in the county jail for not more than 60 days, but if that person has never been licensed to drive in this State or any other jurisdiction, he shall be subject to a fine of not less than $ 200 and, in addition, the court shall issue an order to the commission requiring the commission to refuse to issue a license to operate a motor vehicle to the person for a period of not less than 180 days. The penalties provided for by this paragraph shall not be applicable in cases where failure to have actual possession of the operator's license is due to an administrative or technical error by the commission.

Nothing in this section shall be construed to alter or extend the expiration of any license issued prior to the date this amendatory and supplementary act becomes operative.

Law Offices of Jason Pollack
www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

 

Burlington County

105 High Street

Mount Holly, NJ 08060

 

Camden County

211 S. White Horse Pike

Audubon, NJ 08106

 

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ 08037

N.J.S.A. 39:4-88, Failure to Observe Traffic Lanes

When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles should obey the following regulations:

1. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.
2. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
3. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is sign posted to give notice of that allocation.
4. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are sign posted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.
5. When such roadway had been divided in such a manner that there are 3 or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except when and to the extent necessary to prepare for a left turn, or when necessary to enter or leave such roadway by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions.

Law Offices of Jason Pollack
www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

 

Burlington County

105 High Street

Mount Holly, NJ 08060

Camden County

211 S. White Horse Pike

Audubon, NJ 08106

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ 08037

Racing on a Highway N.J.S.A. 39:4-52

N.J.S.A. 39:4-52 states, “No person shall operate a motor vehicle upon a public highway for a wager or in a race or for the purpose of making a speed record. A person who violates this section shall be fined not less than twenty-five nor more than one hundred dollars for the first offense, and, for a subsequent offense, not less than one hundred nor more than two hundred dollars.”

MVC Points and Penalties
This is considered a moving violation, and if found guilty, the New Jersey Motor Vehicle Commission (MVC) will penalize you by adding 5 points to your driving record. Keep in mind that if you plead guilty or are found guilty by a New Jersey Municipal Court judge, then your driving record will suffer. In addition to 5 points being added onto your license, you also will have to face a state and insurance surcharge .If you incur 6 or more motor vehicle points in a short period of time New Jersey Motor Vehicle Commission will suspend your right to operate a motor vehicle in the State of New Jersey for at least 30 days. Moreover, if you incur 12 or more motor vehicle points on your current driving record, your license will be suspended.

Fines
First-time offenders of racing cars on the highway will be fined anywhere between $25 and $100. All second or further offenses carry with them a mandatory fine of $100 to $200. You will also have to pay any court costs associated with your trial.

Driver’s License Suspension
In addition, the judge presiding over your traffic ticket trial has the discretion to suspend your driver’s license if he or she sees fit to do so.

Insurance Rates
A conviction for racing on a highway will not go unnoticed by your automobile insurer; your insurance premiums will go up because a New Jersey licensed Automobile Insurance Provider will assess 6 “Insurance Eligibility Points” against your insurance record (that is in addition to the motor vehicle points assessed against your New Jersey Driver’s License).

Law Offices of Jason Pollack
www.sjattorney.net

Office: 856-304-1472

Fax: 856-504-0155

Burlington County

105 High Street

Mount Holly, NJ 08060

Camden County

211 S. White Horse Pike

Audubon, NJ 08106

Atlantic County

41 Route 73 South, #203

Winslow TWP, NJ 08037

New Jersey Driving While Suspended 39:3-40

New Jersey Traffic Laws - Title 39

39:3-40. Driving While Suspended39:3-40 Penalties for driving while license suspended, etc. 39:3-40. No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.   No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation. ALWAYS A FREE CONSULTATION. Law Offices of Jason Pollack www.sjattorney.net Office- 856-304-1472 Fax- 856-504-0155 Burlington County 105 High Street Mount Holly, NJ  08060 Camden County 211 South White Horse Pike Audubon, NJ  08106 Atlantic County 41 Route 73 South, #203 Hammonton, NJ  08037 Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties: a.Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5); b.Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5); c.Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);  d.Upon conviction, the court shall impose or extend a period of suspension not to exceed six months; e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person; f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days. (2)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days. (3)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while: (a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; (b)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 (c)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. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph. It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session; g.In addition to the other applicable penalties provided under this section, a person violating this section whose license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder, shall be fined $3,000. The court shall waive the fine upon proof that the person has paid the total surcharge imposed pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder. Notwithstanding the provisions of R.S.39:5-41, the fine imposed pursuant to this subsection shall be collected by the Motor Vehicle Commission pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a copy of the judgment of conviction with the chief administrator and with the Clerk of the Superior Court who shall enter the following information upon the record of docketed judgments: the name of the person as judgment debtor; the commission as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and effect as any civil judgment docketed in the Superior Court; h.A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person: (1)Knows that the operator's license to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or (2)Knows that the operator's license to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked; i.If the violator's driver's license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order; j.If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense. For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5). Amended 1941, c.344; 1945, c.222, s.2; 1947, c.25; 1964, c.9; 1968, c.323, s.10; 1981, c.38, s.1; 1982, c.45, s.2; 1983, c.90, s.1; 1986, c.38; 1992, c.203; 1994, c.64, s.2; 1995, c.286, s.1; 1999, c.185, s.3; 1999, c.423, s.3; 2001, c.213, s.1; 2002, c.28; 2007, c.187. ALWAYS A FREE CONSULTATION. Law Offices of Jason Pollack www.sjattorney.net Office- 856-304-1472 Fax- 856-504-0155 Burlington County 105 High Street Mount Holly, NJ  08060 Camden County 211 South White Horse Pike Audubon, NJ  08106 Atlantic County 41 Route 73 South, #203 Hammonton, NJ  08037