Police use of GPS device on car violates 4th Amendment United State v Jones

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com

Police use of GPS device on car violates 4^th Amendment

United State v Jones __ US ___

January 23, 2012 No. 10–1259.

The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment.

(a) The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Here, the Government’s physical intrusion on an “effect” for the purpose of obtaining information constitutes a “search.” This type of encroachment on an area enumerated in the Amendment would have been considered a search within the meaning of the Amendment at the time it was adopted.

(b) This conclusion is consistent with this Court’s Fourth Amendment jurisprudence, which until the latter half of the 20th century was tied to common-law trespass. Later cases, which have deviated from that exclusively property-based approach, have applied the analysis of Justice Harlan’s concurrence in Katz v. United States, 389 U. S. 347, which said that the Fourth Amendment protects a person’s “reasonable expectation of privacy,” id., at 360. Here, the Court need not address the Government’s contention that Jones had no “reasonable expectation of privacy,” because Jones’s Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, the Court must “assure preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.” Kyllo v. United States, 533 U. S. 27. Katz did not repudiate the understanding that the Fourth Amendment embodies a particular concern for government trespass upon the areas it enumerates. The Katz reasonable-expectation-of-privacy test has been added to, but not substituted for, the common-law trespassory test. See Alderman v. United States, 394 U. S. 165; Soldal v. Cook County, 506 U. S. 56. United States v. Knotts, 460 U. S. 276, and United States v. Karo, 468 U. S. 705—post-Katz cases rejecting Fourth Amendment challenges to “beepers,” electronic tracking devices representing another form of electronic monitoring—do not foreclose the conclusion that a search occurred here. New York v. Class, 475 U. S. 106, and Oliver v. United States, 466 U. S. 170, also do not support the Government’s position.

DIRECTIVE # 09-11 Subj: Informing Municipal Court Defendants of the Immigration Consequences of Guilty Pleas

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com

MEMORANDUM
To: Assignment Judges
Presiding Judges-Municipal Courts
Municipal Court Judges From: Glenn A. Grant

DIRECTIVE # 09-11

Subj: Informing Municipal Court Defendants of the Immigration Consequences of Guilty Pleas
Date: December 28, 2011
This Directive promulgates procedures to be followed in the municipal courts to inform defendants that a guilty plea to or conviction of certain municipal court offenses may negatively affect their immigration status, including possibly resulting in deportation. The Supreme Court approved these procedures on the recommendation of the Conference of Presiding Judges-Municipal Courts.
In State v. Nunez-Valdez, 200 N.J. 129, 131 (2009), the New Jersey Supreme Court held that defense counsel, in failing to inform the defendant that under federal law his conviction would mandate deportation, did not provide effective assistance to the defendant. Similarly, in Padilla v. Kentucky, ____ U.S. ____, 130 S. Ct. 1473, 1486, 176 L. Ed. 2d 284, 299 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative, competent advice to a noncitizen defendant regarding the immigration consequences of a guilty plea.
In 2011, the New Jersey Supreme Court addressed this constitutional requirement in Superior Court criminal cases; see Directive #05-11 (“Criminal Plea Form – Question Regarding the Immigration Consequences of a Guilty Plea”). Consistent with Nunez-Valdez, Padilla, and Directive #05-11, this Directive addresses the same concerns in municipal court cases by requiring municipal court judges (1) to inform defendants that a guilty plea or a finding of guilt as to certain offenses may result in negative immigration consequences and (2) to inform defendants that they have a right to seek advice from an attorney regarding those potential consequences.

Procedures

richard j. hughes justice complex • po box 037 • trenton, new jersey 08625-0037

Directive #09-11 – Immigration Consequences of Guilty Pleas in Municipal Court December 28, 2011
Page 2
A municipal court judge shall inform defendants of possible immigration consequences and of their right to seek counsel on these matters at three stages of the court process: (A) as part of the court’s opening statement for each court session; (B) at defendant’s first appearance; and (C) as part of the guilty plea colloquy.
A. Opening Statement
The municipal court judge shall include the following language in the opening statement for each municipal court session:
If you are not a United States citizen and if you plead guilty to or are convicted of certain offenses heard in the municipal court, including some motor vehicle offenses, it may result in your being deported from the United States, or it may prevent you from being re-admitted to the United States if you leave voluntarily, or it may prevent you from ever becoming a naturalized American citizen. You have a right to seek advice from an attorney about the effect a guilty plea will have on your immigration status.
This language will be incorporated into each of the three model opening statements that the Supreme Court adopted in 2008 – one model opening statement for sessions handling criminal matters only, one for sessions handling motor vehicle offenses only, and one for combined sessions.
B. First Appearance
At the first appearance proceeding, any defendant charged with the following offenses shall be advised of the immigration consequences of a guilty plea:

1. (1) all disorderly or petty disorderly persons offenses;
   
2. (2) driving while intoxicated (N.J.S.A. 39:4-50; N.J.S.A. 39:4-50.14;
   N.J.S.A. 39:3-10.13; N.J.S.A. 12:7-46);
   
3. (3) operating motor vehicle while in possession of a CDS
   (N.J.S.A. 39:4-49.1).
   

The municipal court judge shall engage in the following colloquy with defendants charged with the above-listed offenses at first appearance proceeding:
If you are not a United States citizen and if you plead guilty to or are convicted of certain offenses heard in the municipal court, including some motor vehicle offenses, it may result in your being deported from the United States, or it may

Directive #09-11 – Immigration Consequences of Guilty Pleas in Municipal Court December 28, 2011
Page 3
prevent you from being re-admitted to the United States if you leave voluntarily, or it may prevent you from ever becoming a naturalized American citizen. Do you understand?
You have a right to seek advice from a private attorney about the effect a guilty plea or conviction will have on your immigration status. If you qualify for a court-appointed attorney, you can speak to the public defender about the immigration consequences of your plea. Do you understand?
The municipal court judge shall engage in this colloquy during the first appearance for all defendants charged with any of the above-listed offenses, regardless of the defendant’s name, appearance, or English proficiency. This requirement is not intended to in any way limit the judge’s discretion to engage in this same colloquy with other defendants who have been charged with offenses other than those listed above.
C. Guilty Plea
Before accepting a guilty plea to any of the above-listed offenses, the municipal court judge shall engage in the following colloquy with the defendant:
(1) Are you a citizen of the United States?
(If defendant answers “No” to question 1, defendant must answer questions 2 through 6.)
(2) Do you understand that if you are not a citizen of the United States, this guilty plea may result in your removal from the United States and/or may stop you from being able to legally enter or re-enter the United States?
(3) Do you understand that you have the right to seek individualized advice from an attorney about the effect your guilty plea may have on your immigration status?
(4) Have you discussed with an attorney the potential immigration consequences of your plea?
(If defendant answers “No” to question 4, defendant should next answer question 5. If defendant answers “Yes” to question 4, defendant should next answer question 6.)
(5) Would you like the opportunity to do so?

Directive #09-11 – Immigration Consequences of Guilty Pleas in Municipal Court December 28, 2011
Page 4
(6) Having been advised of the possible immigration consequences and of your right to seek individualized advice on your immigration consequences, do you still wish to plead guilty?
If during the plea colloquy an indigent defendant seeks the opportunity to discuss with an attorney the potential immigration consequences of the plea and the offense charged would result in a consequence of magnitude, the court should adjourn the proceedings and appoint the municipal public defender to represent defendant. The municipal court judge is under no obligation to appoint additional separate counsel for an indigent defendant to advise defendant on the immigration consequences of a plea.
Additionally, if during the plea colloquy an indigent defendant who is not charged with an offense that would result in a consequence of magnitude seeks the opportunity to discuss with an attorney the possible immigration consequences of the plea, the court should adjourn the matter to give the defendant the opportunity to do so.
Similarly, if during the plea colloquy a non-indigent defendant seeks the opportunity to discuss with an attorney the possible immigration consequences of the plea, whether or not there are possible consequences of magnitude, the court should adjourn the matter to give the defendant the opportunity to do so.
Finally, at no point in the proceedings should the municipal court judge attempt to advise defendants on an individualized basis as to what the actual immigration consequences of a particular plea might be. Both Padilla, 130 S. Ct. at 1486, and Nunez-Valdez, 200 N.J. at 131, made it clear that such individualized advice is the responsibility of counsel, not the judge. As stated previously, the judge’s responsibility is limited to informing defendants that a plea or a guilty finding may result in negative immigration consequences and that defendants in that situation have the right to seek advice from an attorney regarding the potential consequences.
Any questions or comments regarding this Directive may be directed to Debra Jenkins, Assistant Director for Municipal Court Services, at 609-984-8241.

39:3-33 Markers; requirements concerning; display of fictitious or wrong numbers, etc.; punishment

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com39:3-33 Markers; requirements concerning; display of fictitious or wrong numbers, etc.; punishment

39:3-33 The owner of an automobile which is driven on the public highways of this State shall display not less than 12 inches nor more than 48 inches from the ground in a horizontal position, and in such a way as not to swing, an identification mark or marks to be furnished by the division; provided, that if two marks are issued they shall be displayed on the front and rear of the vehicle; and provided, further, that if only one mark is issued it shall be displayed on the rear of the vehicle; and provided, further, that the rear identification mark may be displayed more than 48 inches from the ground on tank trucks, trailers and other commercial vehicles carrying inflammable liquids and on sanitation vehicles which are used to collect, transport and dispose of garbage, solid wastes and refuse. Motorcycles shall also display an identification mark or marks; provided, that if two marks are issued they shall be displayed on the front and rear of the motorcycle; and provided, further, that if only one mark is issued it shall be displayed on the rear of the motorcycle.

The identification mark or marks shall contain the number of the registration certificate of the vehicle and shall be of such design and material as prescribed pursuant to section 2 of P.L.1989, c.202 (C.39:3-33.9). All identification marks shall be kept clear and distinct and free from grease, dust or other blurring matter, so as to be plainly visible at all times of the day and night.

No person shall drive a motor vehicle which has a license plate frame or identification marker holder that conceals or otherwise obscures any part of any marking imprinted upon the vehicle's registration plate or any part of any insert which the director, as hereinafter provided, issues to be inserted in and attached to that registration plate or marker.

The director is authorized and empowered to issue registration plate inserts, to be inserted in and attached to the registration plates or markers described herein. They may be issued in the place of new registration plates or markers; and inscribed thereon, in numerals, shall be the year in which registration of the vehicle has been granted.

No person shall drive a motor vehicle the owner of which has not complied with the provisions of this subtitle concerning the proper registration and identification thereof, nor drive a motor vehicle which displays a fictitious number, or a number other than that designated for the motor vehicle in its registration certificate. During the period of time between the application for motor vehicle registration and the receipt of registration plates from the division, no person shall affix a plate or marker for the purpose of advertisement in the position on a motor vehicle normally reserved for the display of the registration plates required by this section if the plate or marker is designed with a combination of letters, numbers, colors, or words to resemble the registration plates required by this section.

A person convicted of displaying a fictitious number, as prohibited herein, shall be subject to a fine not exceeding $500.00 or imprisonment in the county jail for not more than 60 days.

A person violating any other provision of this section shall be subject to a fine not exceeding $100.00. In default of the payment thereof, there shall be imposed an imprisonment in the county jail for a period not exceeding 10 days. A person convicted of a second offense of the same violation may be fined in double the amount herein prescribed for the first offense and may, in default of the payment thereof, be punished by imprisonment in the county jail for a period not exceeding 20 days. These penalties shall not apply to the display of a fictitious number.

Amended 1943,c.173; 1952,c.46,s.2; 1968,c.363,s.1; 1973,c.164; 1981,c.133,s.1; 1983,c.428; 1989,c.132,s.1; 1989,c.202,s.1.

39:8-1 Motor vehicle inspections, exceptions

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com
39:8-1 Motor vehicle inspections, exceptions.

39:8-1 a. Every motor vehicle registered in this State which is used over any public road, street, or highway or any public or quasi-public property in this State, and every vehicle subject to enhanced inspection and maintenance programs pursuant to 40 C.F.R. s.51.356, except motorcycles, historic motor vehicles registered as such, collector motor vehicles designated as such pursuant to this subsection, and those vehicles over 8,500 pounds gross weight that are under the inspection jurisdiction of the commission pursuant to Titles 27 and 48 of the Revised Statutes, shall be inspected by designated inspectors or at official inspection facilities to be designated by the commission or at licensed private inspection facilities. Passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27 inspected pursuant to this section shall only be inspected for emissions and emission-related items such as emission control equipment and on-board diagnostics. The commission shall adopt rules and regulations establishing a procedure for the designation of motor vehicles as collector motor vehicles, which designation shall include consideration by the commission of one or more of the following factors: the age of the vehicle, the number of such vehicles originally manufactured, the number of such vehicles that are currently in use, the total number of miles the vehicle has been driven, the number of miles the vehicle has been driven during the previous year or other period of time determined by the commission, and whether the vehicle has a collector classification for insurance purposes.

b.The commission shall determine the official inspection facility or private inspection facility at which a motor vehicle, depending upon its characteristics, shall be inspected. The commission, with the concurrence of the Department of Environmental Protection, may exclude by regulation from this inspection requirement any category of motor vehicle if good cause for such exclusion exists, unless the exclusion is likely to prevent this State from meeting the applicable performance standard established by the United States Environmental Protection Agency. The commission may determine that a vehicle is in compliance with the inspection requirements of this section if the vehicle has been inspected and passed under a similar inspection program of another state, district, or territory of the United States.

amended 1963, c.128, s.2; 1964, c.195, s.3; 1967, c.237, s.1; 1976, c.43, s.3; 1983, c.236, s.2; 1983, c.403, s.26; 1986, c.22, s.1; 1995, c.112, s.19; 2003, c.13, s.75; 2009, c.331, s.4; 2010, c.29, s.1.

39:3-4 Registration of automobiles and motorcycles, application, registration certificates; expiration; issuance; violations; notification.

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com39:3-4 Registration of automobiles and motorcycles, application, registration certificates; expiration; issuance; violations; notification.

39:3-4 Except as hereinafter provided, every resident of this State and every nonresident whose automobile or motorcycle shall be driven in this State shall, before using such vehicle on the public highways, register the same, and no automobile or motorcycle shall be driven unless so registered.

Such registration shall be made in the following manner: An application in writing, signed by the applicant or by an agent or officer, in case the applicant is a corporation, shall be made to the chief administrator or the chief administrator's agent, on forms prepared and supplied by the chief administrator, containing the name, street address of the residence or the business of the owner, mailing address, if different from the street address of the owner's residence or business, and age of the owner, together with a description of the character of the automobile or motorcycle, including the name of the maker and the vehicle identification number, or the manufacturer's number or the number assigned by the chief administrator if the vehicle does not have a vehicle identification number, and any other statement that may be required by the chief administrator. A post office box shall appear on the application only as part of a mailing address that is submitted by the owner, agent or officer, as the case may be, in addition to the street address of the applicant's residence or business; provided, however, the chief administrator, upon application, shall permit a person who was a victim of a violation of N.J.S.2C:12-10, N.J.S.2C:14-2, or N.J.S.2C:25-17 et seq., or who the chief administrator otherwise determines to have good cause, to use as a mailing address a post office box, an address other than the applicant's address or other contact point. An owner whose last address appears on the records of the division as a post office box shall change his address on his application for renewal to the street address of his residence or business and, if different from his street address, his mailing address unless the chief administrator has determined, pursuant to this section, that the owner may use a post office box, an address other than the owner's address or other contact point as a mailing address. The application shall contain the name of the insurer of the vehicle and the policy number. If the vehicle is a leased motor vehicle, the application shall make note of that fact and shall include along with the name and street address of the lessor the name, street address and driver license number of the lessee.

Thereupon the chief administrator shall have the power to grant a registration certificate to the owner of any motor vehicle, if over 17 years of age, application for the registration having been properly made and the fee therefor paid, and the vehicle being of a type that complies with the requirements of this title. The form and contents of the registration certificate to be issued shall be determined by the chief administrator.

If the vehicle is a leased motor vehicle, the registration certificate shall, in addition to containing the name and street address of the lessor, identify the vehicle as a leased motor vehicle.

The chief administrator shall maintain a record of all registration certificates issued, and of the contents thereof.

Every registration shall expire and the registration certificate thereof become void on the last day of the twelfth calendar month following the calendar month in which the certificate was issued; provided, however, that the chief administrator may, at his discretion, require registrations which shall expire, and issue certificates thereof which shall become void, on a date fixed by him, which date shall not be sooner than three months nor later than 26 months after the date of issuance of such certificates, and the fees for such registrations, including any other fees or charges collected in connection with the registration fee, shall be fixed by the chief administrator in amounts proportionately less or greater than the fees established by law. The chief administrator may fix the expiration date for registration certificates at a date other than 12 months if the chief administrator determines that the change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause. The chief administrator may, for good cause extend a registration beyond the expiration date that appears upon the registration certificate for periods not to exceed 12 additional months. The chief administrator may extend the expiration date of a registration without payment of a proportionate fee when the chief administrator determines that such extension is necessary for good cause. If any registration is so extended, the owner shall pay upon renewal the full registration fee for the period fixed by the chief administrator as if no extension had been granted.

Notwithstanding any other provision of law to the contrary, every registration for new passenger automobiles shall expire and the registration certificate shall become void on the last day of the 48th calendar month following the calendar month in which the certificate was initially issued. On and after February 1, 2005, the provisions of this paragraph shall not apply to new passenger automobiles purchased by a rental company for use as rental passenger automobiles. As used in this paragraph, "rental company" means a person engaged in the business of renting motor vehicles; and "rental passenger automobile" means a passenger automobile that is rented without a driver and used in the transportation of persons or property other than commercial freight.

If the new passenger automobile being registered is a leased passenger automobile, the registration shall expire in accordance with the term of the lease. If the term of the lease extends beyond one or more 12-month periods by one or more months, the registration period shall be based upon the full year into which one or more of the months extend; provided, however, the registration period for a leased automobile shall not exceed 48-months.

Following the 48-month period of the initial registration of a new passenger automobile, the subsequent registration shall expire, and the registration certificate shall become void, on the last day of the 12th calendar month following the calendar month in which the certificate was next issued.

All motorcycles for which registrations have been issued prior to the effective date of P.L.1989, c.167 and which are scheduled to expire between November 1 and March 31 shall, upon renewal, be issued registrations by the chief administrator which shall expire on a date fixed by him, but in no case shall that expiration date be earlier than April 30 nor later than October 31. The fees for the renewal of the motorcycle registrations authorized under this paragraph shall be fixed by the chief administrator in an amount proportionately less or greater than the fee established by R.S.39:3-21.

Application forms for all renewals of registrations for passenger automobiles shall be sent to the last addresses of owners of motor vehicles and motorcycles, as they appear on the records of the division.

No person owning or having control over any unregistered vehicle shall permit the same to be parked or to stand on a public highway.

Any police officer is authorized to remove any unregistered vehicle from the public highway to a storage space or garage, and the expense involved in such removal and storing of the vehicle shall be borne by the owner of the vehicle, except that the expense shall be borne by the lessee of a leased vehicle.

Any person violating the provisions of this section shall be subject to a fine not exceeding $100, except that for the misstatement of any fact in the application required to be made to the chief administrator, the person making such statement or omitting the statement that the motor vehicle is to be used as a leased motor vehicle when that is the case shall be subject to the penalties provided in R.S.39:3-37.

The chief administrator may extend the expiration date of a registration certificate without payment of a proportionate fee when the chief administrator determines that such extension is necessary, appropriate or convenient to the implementation of vehicle inspection requirements. If any registration certificate is so extended, the owner shall pay upon renewal the full registration fee for the period fixed by the chief administrator as if no extension had been granted.

The New Jersey Motor Vehicle Commission shall make a reasonable effort to notify any lessor whose name and address is on file with the commission, or any other lessor the commission may determine it is necessary to notify, of the requirements of this amendatory act.

A lessor doing business in this State shall notify in writing the lessee of a motor vehicle registered pursuant to this Title of any change in its policies or procedures affecting the registration of the motor vehicle.

Amended 1938, c.66, s.1; 1940, c.246, s.1; 1944, c.5; 1949, c.275; 1952, c.45; 1954, c.172; 1955, c.8, s.3; 1957, c.107; 1968, c.321; 1969, c.103; 1972, c.205, s.1; 1983, c.403, s.6; 1989, c.167, s.2; 1989, c.326, s.1; 1993, c.125, s.2; 1995, c.112, s.27; 1997, c.189, s.1; 2003, c.204, s.3; 2003, c.212; 2004, c.64, s.1.

39:5-35 Return or surrender of suspended or revoked driver's license or registration certificate and registration plates

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com39:5-35 Return or surrender of suspended or revoked driver's license or registration certificate and registration plates

Any person, whose driver's license or registration certificate has been suspended or revoked, who fails to return it or them to the director, together with any registration plates issued under such certificate, within five days of the date of suspension or revocation of such license or certificate, or both, or who fails to surrender it or them upon demand of an authorized representative of the Division of Motor Vehicles, member of the State Police or other police officer who has been directed to secure possession thereof, shall be fined not more than $25.00.

Amended L.1983, c. 403, s. 23, eff. Dec. 23, 1983.

39:4-80 Traffic control by officers

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com39:4-80 Traffic control by officers

When a traffic or police officer is stationed in a highway for the purpose of directing traffic, he may regulate and control traffic at that point, and all drivers of vehicles shall obey his orders and directions, notwithstanding anything contained in this article.

Fines and Penalties of Common Motor Vehicle Offenses

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com

Fines and Penalties of Common Motor Vehicle Offenses

This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and

does not contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing

any sentence. This schedule is current to January 10, 2011.

The fines listed here DO NOT INCLUDE COURT COSTS so you may add court costs up to a maximum of $33.00, $5.50 of

which may not be suspended. N.J.S.A. 22A:3-4. The listed fines also DO NOT INCLUDE THE ASSESSMENTS found in

N.J.S.A. 39:5-41, which total $6.00. Refer to this statute to determine the correct assessment.

In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any

offense found in subtitle 1 of Title 39, N.J.S.A. 39:1-1 to 39:5G-1. N.J.S.A. 39:5-31. As per State v. Moran, 202 N.J. 311, in

evaluating the concept of "wilful," in determining whether/how long to revoke a license, a judge should consider: 1)

nature/circumstances of defendant's conduct, including whether it posed high risk of danger or caused physical harm or

property damage; 2) defendant's driving record; 3) whether defendant was free of driving infractions for a substantial period

before violation; 4) whether character and attitude of defendant indicates likelihood of committing another violation; 5) whether

defendant's conduct was result of circumstances unlikely to recur; 6) whether license suspension would cause excessive

hardship; 7) need for personal deterrence. The reasons for suspension must be articulated by the judge on the record.

If the VCCO box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation

Offense assessment of $50. N.J.S.A. 2C:43-3.1. Similarly, if the "Safe Neigh." box is checked, the offense is subject to the

mandatory Safe Neighborhood assessment of $75. N.J.S.A. 2C:43-3.2.

If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an

area designated with a speed limit of 65 miles per hour. N.J.S.A. 39:4-98.6. Similarly, if the "Con.Zone/Safe Cor." box is

checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in

a designated safe corridor. N.J.S.A. 39:4-203.5.

If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule.

REMEMBER that the payable amounts listed in the VIOLATIONS BUREAU SCHEDULE DO INCLUDE COURT COSTS

AND ASSESSMENTS, so court costs and assessments should never be added to the payable amount.

see http://www.judiciary.state.nj.us/mcs/mcsmemo/1_10_11_finesandpen_commonmv.pdf

39:3-40 (i)

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 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)

N.J.S.A. OFFENSE 1ST Offense 2nd Offense 3rd or Subsequent Offense

39:3-40 (i) Driving while license or

registration is suspended

for failure to respond to

failure to appear notice or

to pay parking judgment

or for failure to comply

with a time payment

order.

Maximum $100 fine upon

proof that the violator has

satisfied the parking tickets,

or brought the installment

payments current.

39:3-40 (f) (3)

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 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)

N.J.S.A. OFFENSE 1ST Offense 2nd Offense 3rd or Subsequent Offense

39:3-40 (f) (3) Driving while license or

registration is suspended

in a school zone due to

conviction for:

1. N.J.S.A. 39:4-50

(driving while intoxicated)

or

2. N.J.S.A. 39:4-50.4a

(refusal to submit to

chemical test)

$1000 fine, and $1250 fine, and $1500 fine, and

Imprisonment of not less than

60 days or more than 90

days.

Shall impose imprisonment of

1-5 days. Shall impose

additional imprisonment of not

less than 120 days nor more

than 150 days, and

Shall impose imprisonment of 10

days. Shall impose additional

imprisonment for 180 days,

concurrent to the 10 days (State

v. Owens, 54 N.J. 153), and

If offense involves a motor

vehicle moving violation, then

imprisonment for 10 days longer

than the term of imprisonment for

previous offense, and

If offense involves a motor vehicle

moving violation, then

imprisonment for 10 days longer

than the term of imprisonment for

previous offense, and

Driver’s license suspension

for not less than 12 mos. and

1 day, nor more than 30

mos., and

Driver’s license suspension for

not less than 12 mos. and 1

day, nor more than 30 mos.,

and

Driver’s license suspension for

not less than 12 mos. and 1 day,

nor more than 30 mos., and

If 2nd offense occurs within 5

years of a conviction for

N.J.S.A. 39:3-40, then

revocation of all registration

certificates for the period

driver’s license is suspended

(see N.J.S.A. 39:3-40.1).

If 3rd offense occurs within 5

years of a conviction for N.J.S.A.

39:3-40, then revocation of all

registration certificates for the

period driver’s license is

suspended (see N.J.S.A. 39:3-

40.1.

39:3-40 (f) (2)

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 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)

N.J.S.A. OFFENSE 1ST Offense 2nd Offense 3rd or Subsequent Offense

39:3-40 (f) (2) Driving while license or

registration is suspended

due to conviction for:

1. N.J.S.A. 39:4-50

(driving while intoxicated)

or

2. N.J.S.A. 39:4-50.4a

(refusal to submit to

chemical test) or

3. N.J.S.A. 39:5-30 a to

.30e (habitual offender)

$1000 fine, and $1250 fine, and $1500 fine, and

Imprisonment of not less than

10 days, nor more than 90

days, and

Shall impose imprisonment of

1-5 days. Shall impose

additional Imprisonment of not

less than 10 days, nor more

than 90 days, and

Shall impose imprisonment of 10

days. Shall impose additional

imprisonment of not less than 10

days, nor more than 90 days, and

If offense involves a motor

vehicle moving violation, then

imprisonment for 10 days

longer than the term of

imprisonment for prior offense,

and

If offense involves a motor vehicle

moving violation, then

imprisonment for 10 days longer

than the term of imprisonment for

prior offense, and

Driver’s license suspension of

not less than 12 mos. and 1

day, nor more than 30 mos.,

and

Driver’s license suspension of

not less than 12 mos. and 1

day, nor more than 30 mos.,

and

Driver’s license suspension of not

less than 12 mos. and 1 day, nor

more than 30 mos., and

Revocation of all registration

certificates for the period

driver’s license is suspended

(see N.J.S.A. 39:3-40.1)

Revocation of all registration

certificates for the period

driver’s license is suspended

(see N.J.S.A. 39:3-40.1)

Revocation of all registration

certificates for the period driver’s

license is suspended (see

N.J.S.A. 39:3-40.1)

DRIVING WHILE SUSPENDED N.J.S.A. 39:3-40

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
vercammenlaw@njlaws.com

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 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)

N.J.S.A. OFFENSE 1ST Offense 2nd Offense 3rd or Subsequent Offense

39:3-40 (f) (1) Driving while license or

registration is suspended

due to conviction for

N.J.S.A. 39:6B-2 (driving

without insurance)

$1,000 fine, and $1,250 fine, and $1,500 fine, and

May impose imprisonment

not more than 90 days, and

Shall impose imprisonment of

1-5 days. May impose

additional period of

imprisonment of not more than

90 days, and

Shall impose imprisonment of 10

days. May impose additional

imprisonment for not more than

90 days, and

If offense involves a motor

vehicle moving violation, then

imprisonment for 10 days

longer than the term of

imprisonment for previous

offense.

If offense involves a motor vehicle

moving violation, then

imprisonment for 10 days longer

than the term of imprisonment for

previous offense.

Driver’s license suspension

not less than 12 mos. and 1

day, nor more than 30 mos.

Driver’s license suspension not

less than 12 mos. and 1 day,

nor more than 30 mos., and

Driver’s license suspension not

less than 12 mos. and 1 day, nor

more than 30 mos., and

If 2nd offense occurs within 5

years of a conviction for

N.J.S.A. 39:3-40 then

revocation of all registration

certificates for the period

driver’s license is suspended

(see N.J.S.A. 39:3-40.1).

If 3rd offense occurs within 5

years of a conviction for N.J.S.A.

39:3-40 then revocation of all

registration certificates for the

period driver’s license is

suspended (see N.J.S.A. 39:3-

40.1).

DRIVING WHILE SUSPENDED N.J.S.A. 39:3-40

DRIVING WHILE SUSPENDED

N.J.S.A. 39:3-40 Inclusive

Please Note: For all offenses under N.J.S.A. 39:3-40 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)

N.J.S.A. OFFENSE 1ST Offense 2nd Offense 3rd or Subsequent Offense

39:3-40 Driving while license or

registration suspended –

general provision. If

accident with bodily

injury, then imprisonment

for not less than 45 days

or more than 180 days.

$500 fine, and $750 fine, and $1000 fine, and

Imprisonment for at least 1 but

not more than 5 days, and

Imprisonment for 10 days, and

If offense involves a motor

vehicle moving violation, then

imprisonment for 10 days

longer than the term of

imprisonment for previous

offense.

If offense involves a motor vehicle

moving violation, then

imprisonment for 10 days longer

than the term of imprisonment for

previous offense.

Driver’s license suspension –

to range from 1 day to a

maximum of 6 mos.

Driver’s license suspension – to

range from 1 day to a maximum

of 6 mos.

Driver’s license suspension – to

range from 1 day to a maximum

of 6 mos.

If 2nd offense occurs within 5

years of a conviction for

N.J.S.A. 39:3-40, then

revocation of all registration

certificates for the period

driver’s license is suspended

(see N.J.S.A. 39:3-40.1).

If 3rd offense occurs within 5

years of a conviction for N.J.S.A.

39:3-40, then revocation of all

registration certificates for the

period driver’s license is

suspended (see N.J.S.A. 39:3-

40.1).