New Jersey State Statutes

Friday, June 7, 2013

Talk Philly Appearance 6/19/2013

Jason C. Pollack will be appearing on "Talk Philly" on CBS Wednesday, June 19th, 2013. Be sure to stay tuned for information on New Jersey DUI!

Law Offices of Jason Pollack

www.sjattorney.net

Always a free consultation!

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

Wednesday, June 5, 2013

N.J.S.A 39:3-40 Driving with a suspended license

1st Offense

$500 Fine
Driver's license suspension no longer than 6 months

2nd Offense

$750 Fine
Driver's license suspension no longer than 6 months
Imprisonment for up to 5 days
If 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for the people driver's license is suspended (see N.J.S.A. 39:3-40.1)

3rd or Subsequent Offense

$1,000 Fine
Driver's license suspension no longer than 6 months
Imprisonment for up to 10 days
If 3rd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for the people driver's license is suspended (see N.J.S.A. 39:3-40.1)

Please Note: All offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e). If the accident results in the
death of another person, then the defendant shall be guilty of a crime of the third degree and the defendant's driver's license shall be suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant shall be guilty of a crime of the fourth degree and the defendant's driver's license shall be suspended for an additional period of one year.

Law Offices of Jason Pollack

www.sjattorney.net

Monday, June 3, 2013

39:4-50.4a - Refusal to submit to breath test

1st Offense

$250-$500 fine
Seven month license suspension (may be concurrent or consecutive to any revocation imposed under N.J.S.A. 39:4-50)

2nd Offense

$250-500 fine
Two-year license suspension (consecutive to any revocation imposed under N.J.S.A. 39:4-50)

3rd or Subsequent Offense

$250-$500 fine
Ten-year license suspension (consecutive to any revocation imposed under N.J.S.A. 39:4-50)

Requirements set by the Intoxication Driver Program / Intoxication Drive Resource Center

Law Offices of Jason Pollack

www.sjattorney.net

Friday, May 31, 2013

Offenses related to DUI

Driving with an open container in vehicle:

1st offense

$200 fine

2nd offense

$250 fine
10 days of community service

Driving with a suspended license (due to DUI):

Additional loss of license for 1-2 years
$500 fine
$250/year (for 3 years) surcharge
Incarceration of 10-90 days

Driving while in possession of CDS (controlled dangerous substance)

Minimum fine of $50
2 year loss of license

Please also note that:

Underage drinking may cause a six-month delay in getting a license

Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Law Offices of Jason Pollack

www.sjattorney.net

N.J.S.A. 39:4-50 (DUI)

DUI, also known as DWI (driving while intoxicated), is a very serious violation.

1st offense DUI with BAC between .08% and .10% (But no higher than .10%) can result in:

$200 - $450 fine
12-48 hours IDRC (Intoxicated Drive Resource Center) Program

$230 IDRC fee

Up to 30 days of incarceration
Loss of license for 3 months
$100 to drunk driving fund
$100 to AERF (Alcohol Education and Rehabilitation Fund
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

1st offense DUI with BAC of .10% or greater can result in:

$300–$500 fine
12-48 hours IDRC Program

$230 IDRC fee

Up to 30 days of incarceration
Loss of license for 7-12 months

BAC 0.15% or greater: ignition interlock device during license suspension and 6-12 months following restoration

$100 to drunk driving fund
$100 to AERF
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

2nd offense within 10 years of the first offense can result in:

$500–$1,000 fine
30 days community service
12–48 hours IDRC

$280 IDRC fee

Incarceration anywhere from 48 hours - 90 days
Loss of license for 2 years

Ignition interlock device during license suspension and 1-3 years following restoration

$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

3rd offense within 10 years of the second offense can result in:

$1,000 fine
Up to 90 days community service (can reduce period of imprisonment)
12–48 hours IDRC

$280 IDRC fee

Incarceration up to 180 days
Loss of license for 10 years

Ignition interlock device during license suspension and 1-3 years following restoration

$100 to drunk driving fund
$100 to AERF
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

Failure to pay DUI surcharges may result it:

Indefinite suspension of driving privileges

Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action

Law Offices of Jason Pollack