Monday, April 25, 2022

3rd Cell phone use includes possible 90-day loss of license

 3rd Cell phone use includes possible 90-day loss of license

 

         Starting back on July 1, 2014, the fines for talking or texting on a hand-held wireless communications device were increased. More details at http://www.njlaws.com/39_4-97_3cellphone.htm

 

39:4-97.3 d.A person who violates this section shall be fined as follows:

 

(1)for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance; [no points] 

 

(2)for a second offense, not less than $400 or more than $600 plus court costs; [no points]

 

(3)for a third or subsequent offense, not less than $600 or more than $800 plus court costs . [3 points]

 

For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days.  In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43  (C.39:5-30.5).

 

A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

         A person can hire an attorney to negotiate no loss of license on a 3rd offense. It is not cost effective to hire an attorney on the first or 2nd offense.

 

         The full statute is below

39:4-97.3  Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.

1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.  For the purposes of this section, an "electronic communication device" shall not include an amateur radio.

 

Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.

 

b.The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

 

(1)The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

 

(2)The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs.  A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

 

As used in this act:

 

"Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.

 

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

 

"Two-way radio" means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.

 

"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.

 

c.(Deleted by amendment, P.L.2007, c.198).

 

d.A person who violates this section shall be fined  as follows:

 

(1)for a first offense, not less than $200 or more than $400;

 

(2)for a second offense, not less than $400 or more than $600; and

 

(3)for a third or subsequent offense, not less than $600 or more than $800 .

 

For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days.  In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43  (C.39:5-30.5).

 

A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

 

e. Except as provided in subsection d. of this section, no motor vehicle penalty points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

 

f.The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.  Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to subsection d. of this section shall be collected by the court and distributed as follows: 50 percent of the fine imposed shall be paid to the county and municipality wherein the violation occurred, to be divided equally, and 50 percent of the fine imposed shall be paid to the State Treasurer, who shall allocate the fine monies to the chief administrator to be used for this public education program, which shall include informing motorists of the dangers of texting while driving.

 

g.Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section. 

Copyright 2016 Vercammen Law

Sunday, July 25, 2021

REVIEW OF DWI CONVICTIONS INVOLVING NOT PROPERLY CALIBRATED EQUIPMENT (STATE V. CASSIDY)


NOTICE TO THE BAR AND PUBLIC 

REVIEW OF DWI CONVICTIONS INVOLVING NOT PROPERLY CALIBRATED EQUIPMENT (STATE V. CASSIDY)- WEBSITE TO FACILITATE SUBMISSION OF REQUESTS TO REVIEW A DWI CONVICTION 

The Supreme Court in State v. Cassidy. 235 NJ. 482 (2018) found that in some driving while intoxicated (DWI) cases, some Alcotest machines were not properly calibrated and that the test results from those machines thus could not be used to convict a defendant of DWI. The Judiciary was notified by the Office of the Attorney General that there were thousands of DWI cases in which defendants' breath samples were procured using such improperly calibrated machines. As a result, more than 13,000 DWI convictions from between 2008 and 2016 are eligible for review, with most of those cases in four counties (Middlesex, Monmouth, Somerset, Union). 

This is to advise that the Judiciary has created a webpage to facilitate the submission of post-conviction petitions for relief by any defendant affected by the Court's Cassidy decision (https://www.njcourts.gov/courts/mcs/cassidy.html). On July 14, 2021, Superior Court Judge Robert A. Fall, serving on recall and designated by the Court as special master for the statewide management of these cases, sent a notice to those 13,000+ defendants potentially affected by the Cassidy decision. That notice advised defendants how to file a petition for review of their caseand,ifneeded,howtorequestappointmentofapublicdefender. Theforms for those steps are available on the website. Initial case management conferences in those matters will begin in August. 

The Supreme Court has designated Judge Fall, along with Superior Court Judges Linda G. Baxter, Stephan C. Hansbury, and Robert B. Reed, all serving on recall, to sit as Municipal Court judges with statewide jurisdiction to resolve cases affected by Cassidy. 

Questions regarding this notice may be directed to the Municipal Court Services Division in the Administrative Office of the Courts at 609-815-2900, ext. 54850. 

Dated: July 22, 2021 

Hn. Glenn A. Grant, J.A.D. 

Acting Administrative Director of the Courts 



Wednesday, July 22, 2020

39:4-98 Speeding

39:4-98 Speeding 

Fine or imprisonment notexceeding 15 days, or both when guilty. Fine $50-$200
Fine doubled when driving
20 mph over speed limit or 10 mph over in a 65 mph zone

NJ MVC Points 39:4-98 or Speeding up to 14mph above limit2
39:4-99 Speeding 15-29 mph above limit4
Speeding 30 mph or more above limit5
Plus 2-5 car insurance points
Penalties at 39:4-104 39:4-98.7

Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran  202 NJ 311 (2010)
       The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

More info at http://www.njlaws.com/speeding_and_radar.htm
Copyright 2019 Vercammen Law
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. (1) 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;

   (2) Twenty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington County, as provided by paragraphs (1) and (2) of subsection a. of section 3 of P.L.2019, c.5 (C.39:4-98.12);

   (3) Thirty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington County, as provided by paragraphs (3) and (4) of subsection a. of section 3 of P.L.2019, c.5 (C.39:4-98.12);

   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 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  the commissioner's 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; 2019, c.5, s.4.

39 :4-98.7.  Speeding 20mph or more over limit; fines, certain; doubled
   6.   The fine for a motor vehicle offense shall be double the amount specified by law when traveling 20 miles per hour or more over the designated speed limit as set forth in R.S.39:4-98 , except as provided in subsection b. of section 1 of P.L.1993, c.332 (C.39:4-203.5) and subsection a. of section 5 of P.L.1997, c.415 (C.39:4-98.6).

39 :4-99.  Exceeding speed limitations;  speed specified in charge
    It shall be prima facie unlawful for a person to exceed any of the foregoing  speed limitations or any speed limitation in effect as established by authority  of section 39 :4-98 of this Title.

    In every charge of violation of section 39 :4-98 of this Title, the complaint  and the summons or notice to appear, shall specify the speed at which the  defendant is alleged to have driven and the speed which this article declares  shall be prima facie lawful at the time and place of the alleged violation.

39 :4-9.1.  Exchange of information between states concerning certain violations
    Whenever another State shall have enacted a law providing for reciprocal exchange thereof, the director, upon receiving a certificate of conviction of a  nonresident operator or chauffeur of a violation of the provisions of sections  39 :4-50, 39 :4-96, 39 :4-98 and 39 :4-129 of the Revised Statutes, or of notice of  the forfeiture of any bond or collateral given for such violation, shall  transmit forthwith, a certified copy of such record to the motor vehicle  administrator of the State wherein the person named in such record shall  reside.

39:3-20(b) Speeding (Commercial Vehicle)

 39:3-20(b) Speeding (Commercial Vehicle)

Fine or imprisonment for no more than 15 days or
Both per 39:4-104
fine $50 $200
Plus 3 car insurance points
39:3-20
Operating constructor vehicle in excess of 30 mph
3
More info at http://www.njlaws.com/speeding_and_radar.htm

39:3-20  Commercial motor vehicle registrations; fees.

39:3-20.  For the purpose of this section, gross weight means the weight of the vehicle or combination of vehicles, including load or contents.

a.The chief administrator is authorized to issue registrations for commercial motor vehicles other than omnibuses or motor-drawn vehicles upon application therefor and payment of a fee based on the gross weight of the vehicle, including the gross weight of all vehicles in any combination of vehicles of which the commercial motor vehicle is the drawing vehicle.  The gross weight of a disabled commercial vehicle or combination of disabled commercial vehicles being removed from a highway shall not be included in the calculation of the registration fee for the drawing vehicle.

Except as otherwise provided in this subsection, every registration for a commercial motor vehicle other than an omnibus or motor-drawn vehicle shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued; provided, however, that the chief administrator may require registrations which shall expire, and issue certificates thereof which shall become void, on a date fixed by the chief administrator, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the chief administrator in amounts proportionately less or greater than the fees established by law.  The chief administrator may fix the expiration date for registration certificates at a date other than 12 months if the chief administrator determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.  The minimum registration fee shall be as follows:

(1)In the case of vehicles other than trucks transporting ready-mixed concrete, asphalt, stone, sand, gravel, clay and cleanfill:

For vehicles not in excess of 5,000 pounds, $53.50.

For vehicles in excess of 5,000 pounds and not in excess of 10,000 pounds, $53.50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 10,000 pounds and not in excess of 18,000 pounds, $53.50 plus $13.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $14.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 50,000 pounds, $53.50 plus $15.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds; and

(2)In the case of trucks transporting ready-mixed concrete, asphalt, stone, sand, gravel, clay and cleanfill:

For vehicles not in excess of 5,000 pounds, $53.50.

For vehicles in excess of 5,000 pounds and not in excess of 18,000 pounds, $53.50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $12.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 50,000 pounds, $53.50 plus $13.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

b.The chief administrator is also authorized to issue registrations for commercial motor vehicles having three or more axles and a gross weight over 40,000 pounds but not exceeding 70,000 pounds, upon application therefor and proof to the satisfaction of the chief administrator that the applicant is actually engaged in construction work or in the business of supplying material, transporting material, or using such registered vehicle for construction work.

Except as otherwise provided in this subsection, every registration for these commercial motor vehicles shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued; provided, however, that the chief administrator  may require registrations which shall expire, and issue certificates thereof which shall become void on a date fixed by the chief administrator, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the chief administrator in amounts proportionately less or greater than the fees established by law.  The chief administrator may fix the expiration date for registration certificates at a date other than 12 months if the chief administrator determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.

The registration fee shall be $22.50 for each 1,000 pounds or portion thereof.

For purposes of calculating this fee, weight means the gross weight, including the gross weight of all vehicles in any combination of which such commercial motor vehicle is the drawing vehicle.

Such commercial motor vehicle shall be operated in compliance with the speed limitations of Title 39 of the Revised Statutes and shall not be operated at a speed greater than 45 miles per hour when one or more of its axles has a load which exceeds the limitations prescribed in R.S.39:3-84.

c.The chief administrator is also authorized to issue registrations for each of the following solid waste vehicles:  two-axle vehicles having a gross weight not exceeding 42,000 pounds; tandem three-axle and four-axle vehicles having a gross weight not exceeding 60,000 pounds; four-axle tractor-trailer combination vehicles having a gross weight not exceeding 60,000 pounds. Registration is based upon application to the chief administrator and proof to his satisfaction that the applicant is actually engaged in the performance of solid waste disposal or collection functions and holds a certificate of convenience and necessity therefor issued by the Department of Environmental Protection.

Except as otherwise provided in this subsection, every registration for a solid waste vehicle shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued.

The registration fee shall be $50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

d.The chief administrator is also authorized to issue registrations for commercial motor-drawn vehicles upon application therefor.  The registration year for commercial motor-drawn vehicles shall be April 1 to the following March 31 and the fee therefor shall be $18 for each such vehicle.

At the discretion of the chief administrator, an applicant for registration for a commercial motor-drawn vehicle may be provided the option of registering such vehicle for a period of four years.  In the event that the applicant for registration exercises the four-year option, a fee of $64 for each such vehicle shall be paid to the chief administrator in advance.

If any commercial motor-drawn vehicle registered for a four-year period is sold or withdrawn from use on the highways, the chief administrator may, upon surrender of the vehicle registration and plate, refund $16 for each full year of unused prepaid registration.

e.It shall be unlawful for any vehicle or combination of vehicles registered under this act, having a gross weight, including load or contents, in excess of the gross weight provided on the registration certificate to be operated on the highways of this State.

The owner, lessee, bailee or any one of the aforesaid of a vehicle or combination of vehicles, including load or contents, found or operated on any public road, street or highway or on any public or quasi-public property in this State with a gross weight of that vehicle or combination of vehicles, including load or contents, in excess of the weight limitation permitted by the certificate of registration for the vehicle or combination of vehicles, pursuant to the provisions of this section, shall be assessed a penalty of $500 plus an amount equal to $100 for each 1,000 pounds or fractional portion of 1,000 pounds of weight in excess of the weight limitation permitted by the certificate of registration for that vehicle or combination of vehicles.  A vehicle or combination of vehicles for which there is no valid certificate of registration is deemed to have been registered for zero pounds for the purposes of the enforcement of this act, in addition to any other violation of this Title, but is not deemed to be lawfully or validly registered pursuant to the provisions of this Title.

This section shall not be construed to supersede or repeal the provisions of section 39:3-84, 39:4-75, or 39:4-76 of this Title.

f.Of the registration fees collected by the chief administrator  pursuant to this section for vehicles with gross vehicle weights in excess of 5,000 pounds, an amount equal to $3 per 1,000 pounds or portion thereof in excess of 5,000 pounds for each registration shall be forwarded to the State Treasurer for deposit in the Commercial Vehicle Enforcement Fund established pursuant to section 17 of P.L.1995, c.157 (C.39:8-75).  Moneys in the fund shall be used by the Department of Law and Public Safety and the Department of Transportation for enforcement of laws and regulations governing commercial motor vehicles.
Copyright 2016 Vercammen Law