NJ Traffic Law and Municipal Court- BeNotGuilty.com Kenneth Vercammen & Associates, P.C.

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

2012-01-29T17:24:00.001-08:00

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

2012-01-14T16:52:00.001-08:00

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) all disorderly or petty disorderly persons offenses;
(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) 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:

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

2012-01-03T08:49:00.000-08:00

39:3-33 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

2012-01-03T08:43:00.000-08:00

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.

2012-01-03T08:39:00.000-08:00

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

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

2012-01-03T08:34:00.001-08:00

39:5-35 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

2012-01-03T08:28:00.000-08:00

39:4-80 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

2012-01-02T18:49:00.000-08:00

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)

2012-01-02T18:47:00.001-08:00

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)

2012-01-02T18:46:00.002-08:00

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)

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)

2012-01-02T18:46:00.001-08:00

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)

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

2012-01-02T18:45:00.001-08:00

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

2012-01-02T18:40:00.000-08:00

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).

39:3-40 Penalties for driving while license suspended, etc.

2011-12-21T14:32:00.001-08:00

39:4-67 Obstructing passage of other vehicles or street cars prohibited; clearance of intersections

2011-12-21T14:30:00.000-08:00

39:4-67 Obstructing passage of other vehicles or street cars prohibited; clearance of intersections

No vehicle or street car shall be permitted by the owner or driver thereof to so occupy a street as to interfere with or interrupt the passage of other street cars or vehicles, nor shall the driver of a vehicle or street car drive such vehicle or street car into an intersection if preceding traffic prevents immediate clearance of the intersection.

Amended by L.1956, c. 107, p. 484, s. 1.

39:6B-2 Penalties

2011-12-21T14:28:00.001-08:00

39:6B-2 Penalties

2. Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction. Upon subsequent conviction, he shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.

Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.

L.1972,c.197,s.2; amended 1983, c.141, s.1; 1987, c.46; 1988, c.156, s.15; 1990, c.8, s.49; 1997, c.151, s.12

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

2011-12-21T14:23:00.000-08:00

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

39:3-76.2f Seat belt usage requirements; driver's responsibility.

2011-12-14T11:09:00.001-08:00

39:3-76.2f Seat belt usage requirements; driver's responsibility.

2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under eight years of age and weighing less than 80 pounds, all passengers under eight years of age and weighing more than 80 pounds, and all passengers who are at least eight years of age but less than 18 years of age, and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

b.The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger who is at least eight years of age but less than 18 years of age.

c.All rear seat passengers 18 years of age or older of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

For the purposes of the "Passenger Automobile Seat Belt Usage Act," the term "passenger automobile" shall include vans, pick-up trucks, and utility vehicles.

L.1984, c.179, s.2; amended 1999, c.422, s.1; 2001, c.244, s.2; 2009, c.318, s.1.

39:3-75 Safety glass

2011-12-14T11:02:00.000-08:00

39:3-75 Safety glass

39:4-51b Prohibition of possession of open, unsealed alcoholic beverage container, circumstances

2011-12-14T10:23:00.000-08:00

39:4-51b Prohibition of possession of open, unsealed alcoholic beverage container, circumstances

6. a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.

b.A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container pursuant to this section if such container is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer. For the purposes of this section, the term "open or unsealed" shall mean a container with its original seal broken or a container such as a glass or cup

c.For a first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

L.2000,c.83,s.6.

39:4-49.1 Drug possession by motor vehicle operator

2011-12-14T10:21:00.000-08:00

39:4-49.1 Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.

L. 1964, c. 289, s. 1. Amended by L. 1985, c. 239, s. 1, eff. July 17, 1985.

39:4-98 Rates of speed

2011-12-14T10:19:00.000-08:00

39:4-98 Rates of speed.

39:4-98 Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:

a.Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;

b. (1) Twenty-five miles per hour in any business or residential district;

(2)Thirty-five miles per hour in any suburban business or residential district;

c.Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant to section 2 of P.L.1997, c.415 (C.39:4-98.3 et al.).

Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway. Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate.

When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to this subsection, as part of an engineering and traffic investigation, a municipality or county shall consider, but not be limited to, the following criteria: residential density; the presence, or lack, of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities or senior communities. Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate.

The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

The Commissioner of Transportation shall cause the erection and maintenance of signs at such points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the wording of which shall be within his discretion.

Amended 1939, c.211; 1942, c.325,(1942, c.325 repealed 1946, c.8); 1951, c.23, s.55; 1983, c.227, s.2; 1993, c.315, s.2; 1997, c.415, s.1; 2009, c.258.

39:4-51a No consumption of alcoholic beverages in motor vehicles; presumption; penalties.

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39:4-51a No consumption of alcoholic beverages in motor vehicles; presumption; penalties.

1. a. A person shall not consume an alcoholic beverage while operating a motor vehicle. A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.

b.A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage. For the purposes of this section, the term "unsealed" shall mean a container with its original seal broken or a container such as a glass or cup.

c.For the first offense, a person convicted of violating this section shall be fined $200.00 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250.00 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

L.1983,c.307,s.1; amended 1999, c.356, s.20.

39:3-40 Penalties for driving while license suspended, etc.

2011-12-13T11:44:00.000-08:00

39:6B-2 Penalties

2011-12-13T11:39:00.000-08:00

39:4-49.1 Drug possession by motor vehicle operator

2011-12-13T11:29:00.000-08:00

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

2011-12-13T11:26:00.000-08:00

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

2011-12-07T13:43:00.000-08:00

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

39:6B-2 Penalties

2011-12-07T13:37:00.001-08:00

39:3-40 Penalties for driving while license suspended, etc

2011-12-07T12:28:00.000-08:00

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

2011-12-07T12:16:00.000-08:00

39:3-33 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

39:4-80 Traffic control by officers

2011-12-07T12:01:00.000-08:00

39:4-80 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.

39:4-128.1 School buses stopped for children; duty of motorists

2011-12-05T14:14:00.001-08:00

39:4-128.1 School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license
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.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle 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.

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 therefrom 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 therefrom shall have reached a place of safety.

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. 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 $100.

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.

39:4-64 Highway littering ban

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39:4-64 Highway littering ban
39:4-64 a. No person shall throw or drop any bundle, object, article or debris of any nature from a vehicle whether in motion or not when such vehicle is on a highway. The words "object, article or debris of any nature" as used in this section shall be deemed to include a cigarette, cigar, match, or ashes, or any substance or thing in and of itself likely to cause or fuel a fire, but such inclusion shall not be deemed to in any way limit the generality of the words "object, article or debris of any nature." Any person who violates this section shall be subject to a fine of not less than $200 or more than $1,000 for each offense.

b. There shall be a rebuttable presumption that the registered owner of the vehicle, if present in the vehicle, or, in his absence, the driver of the vehicle, is presumed to be responsible for any violation of this section, if:

(1) A bundle, object, article or debris of any nature is thrown or dropped from the vehicle by an occupant of the vehicle;

(2) There are two or more occupants in the vehicle; and

(3) It cannot be determined which occupant of the vehicle is the violator.

39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol.

2011-11-11T07:09:00.000-08:00

39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol.

1.Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.

In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.

The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other law.

L.1992,c.189,s.1; amended 2003, c.314, s.3.

39:4-67. Obstructing passage of other vehicles or street cars prohibited; clearance of intersections

2011-11-11T07:08:00.000-08:00

39:4-67. Obstructing passage of other vehicles or street cars prohibited; clearance of intersections
No vehicle or street car shall be permitted by the owner or driver thereof to so occupy a street as to interfere with or interrupt the passage of other street cars or vehicles, nor shall the driver of a vehicle or street car drive such vehicle or street car into an intersection if preceding traffic prevents immediate clearance of the intersection.

Amended by L.1956, c. 107, p. 484, s. 1.

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

2011-11-11T07:07:00.001-08:00

39:3-75. Safety glass

2011-11-11T07:03:00.001-08:00

39:3-75. Safety glass

39:3-40 Penalties for driving while license suspended, etc.

2011-11-11T07:02:00.001-08:00

39:4-96. Reckless driving; punishment

2011-11-11T07:01:00.001-08:00

39:4-96. Reckless driving; punishment

39:4-96. A person who drives 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, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.

On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.

Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.

39:4-50 Driving while intoxicated.

2011-11-11T07:00:00.001-08:00

39:6B-2. Penalties

2011-11-11T06:58:00.000-08:00

39:6B-2. Penalties

2. Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction. Upon subsequent conviction, he shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.

Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.

L.1972,c.197,s.2; amended 1983, c.141, s.1; 1987, c.46; 1988, c.156, s.15; 1990, c.8, s.49; 1997, c.151, s.12.

39:3-40.1 Revocation of registration certificate, plates.

2011-11-11T06:56:00.000-08:00

39:4-96 Reckless driving; punishment

2011-10-13T11:23:00.000-07:00

39:4-96 Reckless driving; punishment
39:4-96 A person who drives 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, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.

39:6B-2 No insurance Penalties

2011-09-30T07:49:00.000-07:00

39:6B-2 No insurance Penalties

Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction. Upon subsequent conviction, he shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.

Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.

39:3-40 Penalties for driving while license suspended 3rd offense

2011-09-30T07:43:00.000-07:00

39:3-40 Penalties for driving while license suspended

2011-09-14T12:56:00.001-07:00

401:1 Grant of Certification

2011-09-06T19:40:00.001-07:00

401:1 Grant of Certification. Successful applicants shall be recommended to the Supreme

Court by the Board for certification as a civil trial attorney, criminal trial attorney matrimonial

law attorney, [or] workers' compensation law attorney, or municipal court law attorney. In

certifying applicants, the Supreme Court shall direct the making of an appropriate notation on the

roll of attorneys. The Clerk of the Supreme Court shall then issue a document attesting to the

attorney's certification, dated as of the entry of the certification on the roll of attorneys.

E. MUNICIPAL COURT LAW

2011-09-06T19:39:00.001-07:00

E. MUNICIPAL COURT LAW

1. Driving While Intoxicated and refusal Statutes and Case Law.

2. Other Title 39 offenses.

3. Alcotest and Breathalyzer Issues.

4. Rules of Evidence and Procedure.

5. Jurisdiction, Service of Process, and Procedure.

6. Pre-trial Procedure.

7. Pre- and Post-trial Motions.

8. Bail, Search Warrants and Suppression.

9. Municipal Court Appeals.

10. Arraignments, Pleas, Sentencing, and Judgment.

11. Pre-trial Discovery.

12. Ordinance Violations

13. Disorderly Persons, Petty Disorderly Persons and Other Non-Indictable Laws and

Offenses.

14. Fish, Gaming, and Boating Laws and Offenses.

15. Traffic offense legal issues.

16. Civil Penalties; other collateral consequences of pleas/convictions.

17. Rules Governing Practice in Municipal Court, Rule 7:1 to 7:14.

18. All other substantive, evidential and procedural areas of law within the jurisdiction of the

municipal court.

19. Rules of Professional Conduct.

205:7 Continuing Legal Education Obligations of Certified Attorneys.

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205:7 Continuing Legal Education Obligations of Certified Attorneys.

(a) General Requirements. [Except as set forth in paragraph (b) below,] C[c]ertified

attorneys shall satisfy their continuing legal education obligation required under

this Regulation by completing a minimum of [fifty] sixty [hours]credits of CLE

programs that are directly related to the designated area of practice covered by the

attorney's certification and that have been approved for accreditation by the Board

on Continuing Legal Education for CLE credits. [An "hour" of continuing legal

education shall include only time spent in instruction; meals and recess periods

are specifically excluded.] Attorneys who are certified in more than one area of

practice must fulfill a minimum of [75] 90 [hours] credits of continuing legal

education in their area of specialty certification. Those courses taken in

ethics/professional responsibility and professionalism in fulfillment of the

mandatory continuing legal education requirement can be included in the sixty

credits required under this Regulation.

[Among the types of educational involvement the Board, in its discretion, will

consider are:

(1) Programs directly related to improvement of litigation skills in the

designated area of practice;

(2) Substantive courses in the area of law in which the certified attorney

conducts litigation as part of his or her practice;

(3) Teaching or lecturing in programs of study for attorneys in the designated

area of practice;

(4) Participating as a panelist in or speaker at seminars, symposia, or lecture

programs on aspects of the designated area of practice;

(5) Authorship and publication in the designated area of practice;

App. A-19

(6) Active participation in American Bar Association, New Jersey Bar

Association, specialized Bar functions, and Supreme Court Committees

dealing with specific substantive or procedural law issues in the

designated area of practice;

(7) Active participation in the work of a professional committee dealing with

a specific problem of substantive or procedural law in the designated area

of practice;

(8) Inns of Court programs;

(9) "In-house" courses taught by a certified attorney;

(10) At-home or in-office viewing of video tapes and the analogous use of

audio tapes of pre-approved continuing legal education programs, but only

up to 50% of the continuing legal education requirement. If the video- or

audio-taped course was not approved for continuing legal education credit

when it was presented live, the Board may, in its discretion, decline to

give the applicant credit for the course; and

(11) Such other educational involvement as the Board may, in its discretion,

deem appropriate.

An applicant's involvement in activities covered by paragraphs (6) and (7), above,

cannot cumulatively account for more than 33% of the applicant's total CLE

requirements for recertification.

Certified attorneys may satisfy their educational obligations by attending a

combination of courses in the certified area of practice. At least thirty-five of the

fifty required continuing legal education credit hours must be in courses that

relate to the attorney's certified area of practice. The balance of the credit hours

may be in the area of general trial or litigation skills or in cross-over courses.

Cross-over courses are those courses taken in other areas of practice covered by

the certification program, such as, for example, criminal courses taken by civil

trial attorneys or civil courses taken by criminal trial attorneys.]

(b) The Board shall evaluate attorney involvement on a case-by-case basis. The

Board will review and may approve, on a case by case basis, educational

activities that have not been accredited under the mandatory continuing legal

education program that relate to the applicant’s practice an specialty. The Board

reserves the right to require an applicant to submit additional information on any

program, including but not limited to, copies of the written materials and a list of

the instructors, to determine its applicability to the area of specialty certification

sought. Failure to comply with this Regulation is grounds for revocation of the

attorney's certification or for a refusal to recertify that attorney.

App. A-20

[(b)](c) Matrimonial Law Requirements. The certified matrimonial law attorney must

demonstrate that he or she has completed no fewer than 75 hours of continuing

legal education programs, which must include satisfying the following:

(1) Not less than thirty (30) of the required [hours] credits must be satisfied by

completion of approved educational programs in the areas of dissolution

of marriage, child support, spousal support, or modification of support,

contempt or enforcement, equitable distribution or property division, or

taxation issues incident to dissolution of marriage or matters addressed by

the Prevention of Domestic Violence Act.

(2) Not less than twelve (12) of the required [hours] credits must be satisfied

by completion of approved educational programs in the area of custody of

children.

(3) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of evidence.

(4) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of mediation,

complimentary dispute resolution, psychological and counseling aspects of

dissolution of marriage.

[(5) Not less than six (6) of the required hours must be satisfied by completion

of approved educational programs in the area of professional

responsibility.

(6) As with initial certification, for each approved continuing legal education

course taught the applicant is entitled to receive an additional one hour for

preparation time for each hour of the course.]

(5) Those courses taken in ethics/professional responsibility and

professionalism in fulfillment of the mandatory continuing legal education

requirement can be included in the 75 credits required under this

Regulation.

205:6 Evaluation Criteria.

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205:6 Evaluation Criteria. The Board shall apply the following criteria in establishing the

substance of any listed educational experience:

(a) Programs given prior approval by the Board on Continuing Legal Education shall

automatically qualify towards establishing an applicant's substantial educational

involvement, so long as they are in the area of certification applied for or are approved for accreditation in ethics/professional responsibility and

professionalism;

[(b) Programs not passed on by the Board shall qualify if presented:

(1) For the purpose of advancing the certified area of practice through

improving practice and procedures or through emphasis on the ethical

obligations of counsel;

(2) By qualified personnel;

(3) By live instructors or with recorded materials supplemented by live

commentators; and

(4) With thorough and well-organized written materials.]

(b) Programs that advance the education and expertise of the attorney in the area of

specialty certification sought will qualify as meeting the educational

requirements of this regulation.

information on any program, including but not limited to, copies of the written

materials and a list of the instructors, to determine its applicability to the area of

specialty certification sought.

(d) The Board will review and may approve, on a case by case basis, educational

activities that have not been accredited under the mandatory continuing legal

education program that relate to the applicant’s practice and specialty.

205:5 Municipal Court Law Requirements.

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205:5 Municipal Court Law Requirements. In addition to the general requirements of this

Regulation, those seeking certification in Municipal Court Law must demonstrate in the three

years preceding the application a minimum of thirty-six hours of continuing legal education

courses in municipal court practice, at least twelve credits of their education requirement having

been devoted to DWI and refusal issues. Those courses taken in ethics/professional

responsibility and professionalism in fulfillment of the mandatory continuing legal education

requirement can be included in the thirty-six credits required under this Regulation

205:2 Civil and Criminal Trial Law Requirements.

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205:2 Civil and Criminal Trial Law Requirements. In addition to the general requirements

of this Regulation, the applicant must complete in the three years preceding the application a

minimum of thirty-six credits of continuing legal education in civil trial law and/or thirty-six

credits of continuing legal education in criminal trial law. Those courses taken in

ethics/professional responsibility and professionalism in fulfillment of the mandatory continuing

legal education requirement can be included in the thirty-six credits required under this

Regulation.

205:3 Matrimonial Law Requirements. In addition to the general requirements of this

Regulation, those seeking certification in Matrimonial Law must demonstrate that within three

years immediately preceding application, he or she completed no fewer than forty-five [hours]

credits of continuing legal education programs in matrimonial law, which must include:

(a) Not less than fifteen (15) of the required [hours] credits must be satisfied by

completion of approved educational programs in the areas of dissolution of

marriage, child support, spousal support, or modification of support, contempt or

enforcement, equitable distribution or property division, or taxation issues

App. A-16

incident to dissolution of marriage or matters addressed by the prevention of

Domestic Violence Act.

(b) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of custody of children.

completion of approved educational programs in the area of evidence.

(d) Not less than three (3) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of mediation,

complimentary dispute resolution, psychological and counseling aspects of

dissolution of marriage.

[(e) Not less than three (3) of the required [hours] must be satisfied by completion of

approved educational programs in the area of professional responsibility.] Those

courses taken in ethics/professional responsibility and professionalism in

fulfillment of the mandatory continuing legal education requirement can be

included in the forty-five credits required under this Regulation.

205:4 Workers' Compensation Law Requirements. In addition to the general requirements

of this Regulation, those seeking certification in Workers' Compensation Law must demonstrate

In the three years preceding the application a minimum of thirty-six hours of continuing legal

education courses in workers’ compensation law, at least [ten] twelve of their education

requirement having been devoted to medicine. Those courses taken in ethics/professional

responsibility and professionalism in fulfillment of the mandatory continuing legal education

requirement can be included in the thirty-six credits required under this Regulation.

205:1 General Requirements

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205:1 General Requirements. [Except as provided below, an] An applicant shall submit

information demonstrating a completion of a specified number of hours of continuing legal

education, approved and accredited for continuing legal education credits by the Board on

Continuing Legal Education, specifically in the area of certification applied for or in ethics and

professionalism within the three years immediately preceding the application. [An "hour" of

continuing legal education shall include only the time spent in instruction. Meals and recess

periods are specifically excluded. Applicants instructing or participating in a continuing legal

education program as described in (b) and (c), below, will be credited with twice the time of

actual instruction. Repeat presentations of the same lecture within a twelve-month period will

gain no additional credit. Among the types of educational involvement that the Board will

consider are:

(a) Attendance at and completion of courses that relate to the improvement of trial

and litigation skills in the specific area of practice for which certification has been

sought;

(b) Teaching or lecturing in programs of study or in courses in the area of practice for

which certification has been sought;

programs in aspects of litigation in the area of practice for which certification has

been sought;

(d) "In-house" courses given by and for government attorneys only; provided,

however, that an applicant may not use such courses for more than 50% of the

continuing legal education credits required by this Regulation; and

(e) Such other educational involvement as the Board may, in its discretion, deem

appropriate.]

The Board and/or Certification Committees shall review an applicant’s submitted continuing

education courses to ensure that the applicant has limited the credits required for certification to

the area of specialty sought, exclusive of the credits obtained toward fulfillment of

ethics/professional responsibility and professionalism credits as required under the mandatory

continuing legal education program. The Board reserves the right to review and approve, on a

case by case basis, other forms of educational activities that may not have been accredited under

the mandatory continuing legal education program.

204:1 Applicant’s submission; Civil Trial Law, Criminal Trial Law, Matrimonial Law, [and] Workers’ Compensation Law, and Municipal Court Law.

2011-09-06T19:32:00.004-07:00

REGULATION 204. Professional Reputation

204:1 Applicant’s submission; Civil Trial Law, Criminal Trial Law, Matrimonial Law,

[and] Workers’ Compensation Law, and Municipal Court Law.

(a) Each applicant shall submit as references the names and addresses of [five] eight

members of the bench or bar of this State who can attest to the applicant's

competence as an attorney in the area of practice in which certification is being

sought. Members of the bar whose names are submitted for such purpose must be

substantially engaged in that area of practice. [At least two] Three references

shall be from judges who have observed the applicant's skills in the three years

preceding the filing of the application. Five references shall be from members of

the bar who have been an adversary or co-counsel with the applicant in trial.

(1) in the case of municipal court practice applications, “members of the

bench” refers to judges of the municipal court.

(b) At least two references shall be from attorneys who represented opposing parties,

one of whom shall have represented an opposing party in a "contested [matter]

action" or a "contested matrimonial law trial" as defined in these Regulations, and

another of whom shall have represented an opposing party in a "litigated matter"

or a "contested matrimonial law hearing" within the three years immediately

preceding the filing of the application.

or bar with whom the applicant has or had been formally associated in the practice

of law.

(d) Justices of the Supreme Court and members of the Board and the Certification

Committees are not eligible as references for an applicant.

(2) Applicant's ten contested actions

2011-09-06T19:32:00.003-07:00

(2) Applicant's ten contested actions. The applicant shall present the

following details on the ten contested actions submitted pursuant to this

Regulation:

i) caption and docket/summons number of the case;

ii) date of disposition;

iii) name of judge;

iv) nature of action or proceeding;

v) principal issues involved;

vi) significant pretrial or post-trial motions or appeals;

vii) significant discovery and/or trial issues or techniques;

viii) status at which matter terminated;

ix) number of trial days;

x) role in proceedings;

xi) outcome of proceedings;

xii) names and addresses of all counsel; and

xiii) any additional information the applicant may deem to be relevant.

(1) Substantial involvement in litigation/litigated matters.

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(1) Substantial involvement in litigation/litigated matters. The applicant shall

present a brief summary of each of the 90 matters prepared for trial or

tried within the three years immediately preceding the application, listing

30 matters in each of those three years. The matters submitted shall fairly

reflect the type of cases for which the applicant was responsible. The

summary shall include the following:

i) caption and docket/summons number of the case;

ii) date of disposition;

iii) nature of action or proceeding;

iv) names and addresses of all counsel;

v) name of judge;

vi) number of trial days;

vii) point at which the proceedings were terminated; and

viii) any additional information the applicant may deem to be relevant.

(2) Litigated matters.

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(2) Litigated matters. Litigated matters include contested actions as defined

in this Regulation but need not have been tried to conclusion before the trier of

fact. The Board will consider matters that were resolved prior to trial when the

applicant completely prepared the case for trial through motion practice,

discovery, client interview, and plea negotiations. Municipal court appeals also

may be considered as litigated matters. Any litigated matters listed may not be

the same case as listed as a contested action.

(3) Submission to trier of fact. A substantial number of the ten cases required

by this Regulation must have been tried to conclusion as to the applicant’s clients.

In addition, the Board may consider cases that were settled or resolved prior to

judgment or verdict, but only when the applicant completely prepared the case for

trial by motion practice and extensive discovery.

(f) Time limitations. The ten contested actions may be cases that have been handled

and concluded at any time between the date of the applicant's plenary admission

to the practice of law and the date of the application for certification.

(g) Required information. The applicant shall submit the following information on a

form adopted by the Board:

(1) Contested actions.

2011-09-06T19:27:00.003-07:00

Definitions. For the purpose of meeting the requirements of this Regulation, the

following definitions apply:

(1) Contested actions. To qualify as a "contested action," a matter must be

one in which the trier of fact can only decide the issue or issues presented

and is adversarial in nature, involving charges, claims, issues, or

consequences related to the prosecution of a municipal court summons,

complaint, and/or citation.

(i)The types of matters that will qualify as contested actions are

those that are adjudicable in municipal court, which include: motor

vehicle and traffic violations; disorderly persons, petty disorderly

persons, or other non-indictable offenses; local ordinance

violations; fish, game, and boating violations; penalty collection

proceedings; trial-type hearings in municipal court, including

plenary motions, motions to suppress, and Alcotest; and other

matters authorized by statute or Court Rule to be under the subject

matter jurisdiction of the municipal court.

203:4 Municipal Court Law Requirements.

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203:4 Municipal Court Law Requirements. The applicant must establish that he or she:

(a) Has devoted a significant portion of his or her professional time to the area

municipal court practice.

(b) Has devoted a substantial portion of his or her professional time to the preparation

of a minimum of thirty litigated matters per year venued in municipal courts of

New Jersey, for the three years immediately preceding the filing of the

application;

of ten contested actions in New Jersey municipal courts that were, in the opinion

of the Board, substantially submitted to the trier of fact; and

(d) The ten contested actions must include a minimum of six municipal court trials

resolving allegations related to driving while intoxicated or refusal.

203:1 Civil and Criminal Trial Attorney Requirements.

2011-09-06T19:25:00.001-07:00

203:1 Civil and Criminal Trial Attorney Requirements. The applicant must establish that:

(a) He or she has devoted a substantial portion of professional time to the preparation

of litigated matters in New Jersey, the majority of which are venued in Superior

Court, for the three years immediately preceding the filing of the application;

App. A-5

(b) He or she has had primary responsibility since plenary admission to the bar for a

minimum of ten contested actions in New Jersey, at least six of which were

venued in Superior Court or U.S. District Court for the District of New Jersey,

and that were, in the opinion of the Board, substantially submitted to the trier of

fact; and

minimum of [thirty] twenty trial days in Superior Court or U.S. District Court.

(d) In the case of criminal trial certification, the ten contested actions must include a

minimum of twenty-five trial days in Superior Court or U.S. District Court.

(e)[(d)] Definitions. For the purpose of meeting the requirements of this Regulation, the

following definitions apply:

(1) Contested actions. To qualify as a "contested action," a matter must be

adversarial in nature and involve substantial charges, claims, issues, or

consequences. For example, the following features shall qualify a matter as a

"contested action:"

i) in criminal cases, an indictable offense[;]. The Board will also

consider the following, but no more than five: domestic violence

orders based on crimes; contempt charges in family court; juvenile

cases involving crimes; and trial-type hearings in Superior Court;

ii) in civil or administrative matters, a claim or demand that

reasonably exposes the defendant or respondent to damages or [a]

any penalty [in an amount that exceeds $25,000]; or

iii) in civil or administrative matters that do not present a claim for

money damages or a civil penalty (such as chancery actions,

declaratory judgment proceedings, and actions in lieu of

prerogative writs), substantial public issues or, assuming a ruling

or judgment against a party, exposure of that party to substantial

adverse personal or economic consequences;

iv) such other matters as, in the Board's judgment, are of sufficient

substance or import to qualify as "contested actions."

App. A-6

An arbitration proceeding shall not qualify as a contested action unless the

applicant can demonstrate that the arbitration was substantially equivalent to a

trial in Superior Court.

(2) Litigated matters. Litigated matters include contested actions as defined in

this Regulation. Any other matter tried before a court, agency, or arbitrator shall

also qualify as a litigated matter.

(3) Submission to trier of fact. A substantial number of the ten cases required by

this Regulation must have been tried to conclusion as to the applicant's clients. In

addition, the Board may consider cases that were settled prior to judgment or

verdict, but only when the applicant completely prepared the case for trial by

motion practice and extensive discovery. For example, such preparation might

include a combination of any of the following: in civil actions, the taking of

depositions, the preparation and service of non-uniform interrogatories and of

answers to non-uniform interrogatories and requests for admissions; or, in the

prosecution or defense of criminal matters that were concluded by plea

negotiation, pretrial investigation including extensive factual investigation and

the preparation of or opposition to pretrial motions presenting substantial and

complex issues arising under the State or Federal Constitution or Rules of

Criminal Procedure.

(f)[(e)] Time limitations. The ten contested actions may be cases that have been handled

and concluded at any time between the date of the applicant's plenary admission

to the practice of law and the date of the application for certification.

(g)[(f)] Required information. The applicant shall submit the following information on a

form adopted by the Board:

(1) Substantial involvement in litigation. The applicant shall present a brief

summary of each matter prepared for trial or tried within the three years

immediately preceding the application. If more than thirty matters are

eligible, the applicant shall submit no more than ten from each year, which

shall fairly reflect the type of cases for which the applicant was

responsible. The summary shall include the following:

i) caption and docket number of the case;

ii) date of disposition;

iii) forum;

iv) nature of action or proceeding;

v) names and addresses of all counsel;

vi) name of judge;

vii) number of trial days;

viii) presence or absence of a jury;

App. A-7

ix) point at which the proceedings were terminated; and

x) any additional information the applicant may deem to be relevant.

(2) Applicant's ten contested actions. The applicant shall present the

following details on the ten contested actions submitted pursuant to this

Regulation:

i) caption and docket number of the case;

ii) date of disposition;

iii) forum;

iv) name of judge or other officer;

v) nature of action or proceeding;

vi) amount in controversy;

vii) principal issues involved;

viii) significant pretrial or post-trial motions;

ix) significant discovery problems or techniques;

x) status at which matter terminated;

xi) role in proceedings;

xii) outcome of proceedings;

xiii) names and addresses of all counsel; and

xiv) any additional information the applicant may deem to be relevant.

202:3 Practice of Law.

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202:3 Practice of Law. Applicants for certification must be (1) engaged in the private practice

of law, wherein the applicant represents and gives legal advice to clients, maintains a bona fide

office [in New Jersey] pursuant to Rule 1:21-1(a) and maintains the appropriate bank accounts

pursuant to Rule 1:21-6; or (2) employed by State, county or municipal government representing

and giving legal advice to clients.

202:1 Minimum Plenary Admission.

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REGULATION 202. Admission to the Bar; Ongoing Obligation: Practice of Law.

202:1 Minimum Plenary Admission. Admission to the bar of the State of New Jersey for the

purpose of meeting the requirements of this section commences from the date of an attorney's

plenary admission. An applicant must have been in good standing in all jurisdictions in which

the applicant holds a bar license for at least the five years immediately preceding the filing of the

application, and must so certify.