13:19-11.1 Suspension period determined by N.J.S.A. 39:4-50 and 39:4-50.4a
(a) Out-of-state convictions, administrative determinations or bail forfeitures for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be given the same effect as if such conviction, administrative determination or bail forfeiture had occurred in this State.
(b) The driving privileges of a New Jersey licensee who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended for the minimum term specified in N.J.S.A. 39:4-50 or 39:4-50.4a. If the out-of-State conviction or administrative determination constitutes said driver's second, third or subsequent violation for operating while under the influence, a suspension shall be imposed under N.J.S.A. 39:4-50 corresponding to the number of the violation. If the out-of-State conviction or administrative determination for refusal to submit to a chemical test was a subsequent refusal or was in connection with said driver's subsequent offenses for operating while under the influence, a suspension shall be imposed for the term specified for subsequent offenses in N.J.S.A. 39:4-50.4a.
(c) The driving privileges of a New Jersey licensee who incurs an out-of-State bail forfeiture in connection with a charge of operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the Motor Vehicle Commission pursuant to N.J.S.A. 39:5F-1 et seq.
History
HISTORY:
Amended by R.1999 d.312, effective September 20, 1999.
See: 31 New Jersey Register 1440(a), 31 New Jersey Register 2756(a).
In (b), inserted a reference to administrative determinations in the second sentence, and deleted "suspension" following "driver's" in the third sentence.
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (c), substituted "Motor Vehicle Commission" for "Division of Motor Vehicles".
Annotations
Case Notes
Driver's status as New Jersey licensee provided requisite authorization for Director of Motor Vehicles to suspend license for alcohol-related motor vehicle offense. Matter of Johnson, 226 N.J.Super. 1, 543 A.2d 454 (A.D.1988).
Occupational driving privileges may be granted to a New Jersey licensee whose reciprocity driving privileges were suspended by another state which, afterward, granted him occupational driving privileges. New Jersey Div. of Motor Vehicles v. Egan, 103 N.J. 350, 511 A.2d 133 (1986).
Power to suspend licenses of New Jersey drivers convicted of drunk driving in states not signatories to the Interstate Driver License Compact not diminished by statute permitting license revocation for Title 39 violation or "other reasonable grounds". Div. of Motor Vehicles v. Kleinert, 198 N.J.Super. 363, 486 A.2d 1324 (App.Div.1985).
Director has administrative authority to revoke or suspend the license of a driver convicted of drunk driving in any state, whether or not that state is a party to the Interstate Compact. State v. Cromwell, 194 N.J.Super. 519, 477 A.2d 408 (App.Div.1984).
Third DWI conviction warranted suspension for 3,600 days. Division of Motor Vehicles v. Faraguna, 92 N.J.A.R.2d (MVH) 34.
source NJAC
