DWI & MUNICIPAL COURT INTERVIEW

  PLEASE FILL OUT PAGES 1 & 2 OF OUR MUNICIPAL COURT INTERVIEW FORM AND RETURN TO OUR OFFICE

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 WOODBRIDGE AVENUE

EDISON, NJ 08817

PLEASE PRINT                               732-572-0500

NAME ____________________________________________________

ADDRESS _________________________________________________

CITY _______________________ STATE ____ ZIP ______________

CELL #(_____)_________________ PHONE-DAY(____)________________

NIGHT (______)_________________

TODAY'S DATE ____/_____/_____   E-MAIL ________________________

Referred By: __________________________________________ 

         If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, what search terms did you use?

WHAT ARE YOU CHARGED WITH  (Not the Summon(s) #) [provide tickets, hearing notice and other important papers to front desk to be copied]

1.         ____________________________________________________

2.         ____________________________________________________

3.         ____________________________________________________

IMPORTANT INFORMATION

Date of Offense: __________________ Time: _____ (A.M./P.M.) Your Age _____

Town: ___________________________  (street/location)?____________________

What Happened: ________________________________________________

_____________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

         Write additional details on the back of this page. YOU MUST FILL OUT BOTH PAGES PRIOR TO SEEING THE ATTORNEY.    Mun Ct Questionnaire  rev 10/24/12

Kenneth Vercammen, Esq. Confidential interview form    page 2

Other Persons Arrested or Witnesses: [If none write none]

______________________  ____________________________

co-defendant/ Witness Name          Their Address           Phone No.

______________ ______________________________________

Name                    Address                                    Phone No.

3. Write down everything you said in police presence. What  did police say to you? 

______________________________________________________________

______________________________________________________________

4. Occupation: _____________ Employer: _______________ Town: _____________

      [Attach your business card to clipboard.]

     Do you need your driver’s license for work? ____ Distance driven to work: _______

5. Prior criminal arrests, convictions, PTI,  Conditional Discharge (include description of each charge, date of conviction, and town conviction for every offense) if none, write none:  criminal arrests                  Town                         Year

1.____________________________________________________________

2. ___________________________________________________________

3. ___________________________________________________________

         6. Prior motor vehicle convictions, town and year (ex: drunk driving, no insurance, driving while suspended, etc.  if none, write none. If more than 3  offenses Use back of this page. 

       Traffic Violation                       Town                         Year

#1.__________________________________________________________

#2. ___________________________________________________________

#3. ___________________________________________________________

Prior Traffic ticket downgrades to no point tickets since 1999  [39:4-97.2 unsafe driving]:

1. Town _______________________ Year ___________ [if none, write none]

2. Town _______________________ Year ___________

[Please note the DMV/MVC only permits 2 "no point" downgrades. ]

     What questions do you have? How can we help you? What else is important? Please advise in criminal cases if you are not a US citizen. Write

additional details on the back of this page. _______________________________       

       Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a Municipal Court matter.

             Legal Services To Be Provided- Please read and keep this page 3 for yourself!

Write your notes on the back of this paper during your interview

1.    Office consultation with client

2.    Preparation of statement to provide legal services [ retainer agreement ] setting forth fees and work to be performed;

3.    Offer sound legal advice to client; 5 free calls with client during and after case

4.    Preparation of Letter of Representation to Municipal Court after fee paid;

5.    Preparation of Letter of Representation to Municipal Court Prosecutor;

6.    Review documents supplied by client and court;

7.    Copies of all correspondence to Court and Prosecutor to client;

8.    Opening of file and client may have free client case folder, Municipal Court brochure, MVC/DMV points information brochure, and Expungement brochure;

9.    Review of necessary statutes and case law;

10.  Follow up with Municipal Prosecutor for discovery if suspension or jail is likely;

11.  Prepare defense and mitigating factors;

12.  Miscellaneous correspondence, drafting of brief/ pleadings if needed;

13.  Review Court hearing notice and send letter to client to remind them of hearing and  what to bring to hearing

14.  Travel to Municipal Court and Representation in Municipal Court.

15.  Preparation of End of Case Letter with client questionnaire.

16.  Free T-shirts,  Can Coozies, Water bottle, Coffee Mug for clients - Please ask.

17.  Free subscription to monthly e-mail newsletter providing legal updates

       and recent criminal , traffic and insurance laws

19.  Answer specific questions after the case is over

18. Free Brochures provided on other legal topics such as Personal Injury, Worker's Comp, Wills, Probate and other matter we help clients

 20. Invitations to annual client socials by email & Annual USA Flag Calendar 

       We will review and research necessary statutes and caselaw, speak with the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services and at all times will seek to achieve solutions, which are just and reasonable for you.

          Legal Fees.  Fees are to be paid at initial consultation (today).

         Fees must be paid by VISA, Master Card, American Express, check, money order or cash. 

Make checks payable to Kenneth Vercammen Law Office today.   Fees must be paid in full prior to a Letter of Representation being sent to the Court. Neither this office nor other area attorneys accept payment plans if the fees are less than $2,500. Fees are not reduced and not negotiable. Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid in full

       What you should do: After you have retained [paid] your attorney, call the court, and plead not guilty. In traffic tickets, the phone number is on the back of the ticket. Judges will often ask you how many tickets you have had in the past 5 years. You want to be accurate with your response. In traffic matters we recommend you contact the Motor Vehicle Commission and obtain a driver's license abstract. Call 888-486-3339 or 609-292-6500. Please note the DMV/MVC only permits 2 "no point" downgrades in 5 years. . If you have 2 downgrades to unsafe driving 39:4-97.2, you may not be eligible for a no point ticket. If you do not wait 5 years, after the 2^nd no point ticket, the MVC computer will impose 4 points against you. 

DWI Blood & Drug Defenses by Kenneth Vercammen, Author ABA Criminal Law forms

BLOOD TEST "REPORTS" ARE HEARSAY, WHICH MAY BE INADMISSIBLE
 Blood test results, documents and papers are writings and thus hearsay. Under the evidence RULE 802. HEARSAY RULE : "Hearsay is not admissible except as provided by these rules or by other law. "  
 Admission of hearsay which is not admissible under any exception or other law and its use as a foundation for a conviction violates a defendant's Sixth Amendment right to confront witnesses against him. State v Long  255 NJ Super. 716, 726 (Law Div. 1993)

 RULE 803. HEARSAY EXCEPTIONS NOT DEPENDENT ON DECLARANT'S UNAVAILABILITY

Driving While Suspended Defeneses by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

2053 Woodbridge Ave.
Edison, NJ 08817   http://www.njlaws.com/driving_while_suspended.html?id=1159&a=
39:3-40 Driving While Suspended in New Jersey
     Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

39:3-40 Driving on a Suspended License in New Jersey.

Thousands of motorists in New Jersey are stopped for routine traffic violations then are surprised to be informed their license is suspended. Where the minimum costs would be over $1,261 in fines, surcharge and costs, motorists should be certain not to allow their license to become suspended. If charged, motorists may need an attorney with knowledge and skill in handling driving while suspended matters.

The violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, no person to whom a drivers license has been refused or whose drivers license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a drivers license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition. The statute also prohibits the operation of a motor vehicle whose registration has been revoked.

Defenses to Speeding and Radar in Edison and Central NJ

Edison, NJ 08817
(732) 572-0500  http://www.njlaws.com/speed_law_nj.html?id=859&a=
39:4-98, 39:4-99 Speeding and Radar
 by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500   Kenneth Vercammen's Law office represents persons charged with speeding more than 15 miles over the speed limit an other serious traffic violations throughout New Jersey.

It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.

In every charge of a speeding violation, the complaint or summons must specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation.

A sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a greater speed. The sign itself does not set the speed limit. There can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of law. There are many unauthorized signs in the state which may serve as a warning but have no effect in creating an offense. Radar

Speed-measuring radar in various forms has been accepted since State v. Dantonio, l8 N.J. 570 (l955), where the N.J. Supreme Court held it is not essential that the court determine the precise speed at which the vehicle was being operated when the alleged offense occurred, and that the operator of the vehicle must be adjudged guilty if the evidence established, beyond a reasonable doubt, that the drive exceeded the statutory speed limit.

It is not necessary for the trial court to make a particular finding as to the precise speed in excess of the speed limit at which the defendant was traveling at the time of the violation. State v. Bookbinder, 82 N.J. Super. l79, l83 (App. Div. l964).

However, if the defendant is found guilty, the trial court should determine the quantum of excess was so many miles per hour in exercising its discretion as to the penalty to be imposed within the statutory limitation. The precise speed a motorist was traveling thus is material only on the question as to the penalty to be imposed, not on the question of guilt or innocence.

State v. Readding, l69 N.J. Super. 238 (Law Div. l978), restated the general rule that in order for the radar speedometer reading to be admissible into evidence, it should be established that: (l) the device is scientifically reliable; (2) the particular speedometer used in the case being tried is accurate; (3) the operator is qualified; and (4) the device was operated properly in the case being tried. How Radar Operates

In State v. Wojtkowiak, l70 N.J. Super. 44 (Law Div. l979), revd on other grounds, l74 N.J. Super. 460, Judge Wells examined in detail the K-55 Radar, and his conclusions were incorporated by the Appellate Division. This case should be read and reread for a detailed explanation of Radar by a Court.

The traffic radar method speed detection measurement depends upon the Doppler effect. Simply stated a radio wave which strikes a moving object is reflected from that object at different frequency from that of the incident wave. A radar which transmits waves and receives reflected waves can determine their frequency difference and calculate the speed of the object which produced the reflective wave.

Courts have accepted as scientifically reliable MPH Industries K-55 Traffic Radar -- the primary system employed for the purpose of measuring the speed of motor vehicles in New Jersey.

In State v. Wojtkowiak, l74 N.J. Super, 460 (App. Div. l980), the appeals court held in all future cases the state should adduce evidence at the municipal court level as to (l) the specific training and extent of experience of the officer operating the radar, (2) the calibration of the machine was checked by at least two external tuning forks both singly and in combination, and (3) the calibration of the speedometer of the patrol car in cases where the K-55 is operating in the moving mode.

Defenses to Leaving the Scene of an Accident Penalties 39:4-129 in Edison and Central Jersey

Leaving the Scene of an Accident Penalties
39:4-129. Action in case of accident [Leaving the scene]2053 Woodbridge Ave.
Edison, NJ 08817 http://www.njlaws.com/careless_reckless_driving.htm
Leaving the Scene of an Accident Penalties
39:4-129. Action in case of accident [Leaving the scene]
if injury- loss of dl for one year minimum
if property damage- (b)  The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or
other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto
as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the
requirements of subsection (c) of this section.  Every such stop shall be made without obstructing traffic more than is necessary. Any
person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more
than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be
imprisoned for a period of not less than 30 days nor more than 90 days or both.

   In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a
period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

Rights upon arrest in Edison and Central NJ

Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
http://njlaws.com/arrest_criminal_violation.html?id=6&a=
Rights Upon Arrest 1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it".
4. Call your lawyer at the first opportunity.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line, Remember: Even a fish would not get caught if they kept their mouth closed. OJ remained silent and is playing golf today. [Copyright 1985-1986 Alan Marain]

The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complied with. State v Yough 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) aff'd per curiam 224 NJ Super. 90 (App. Div. 1988).

Defense of School bus violation 39:4-128.1. in Edison and Central Jersey

Kenneth Vercammen, Esq.
732-572-0500    2053 Woodbridge Ave. Edison, NJ 08817
    39:4-128.1. School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license
http://www.njlaws.com/passing_school_bus.html?id=701&a=
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 avehicle 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 there from 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 there from shall have reached a place of safety.

Defense of Shoplifting Charges in Edison

Kenneth Vercammen 732-572-0500  Shoplifting Charges, Defenses and Jail terms by Kenneth Vercammen, Esq. Edison, NJ  Shoplifting shall consist of any one or more of the following acts:
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5) For any person purposely to underling with the intention of depriving the merchant of the full retail value thereof.

(6) For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

c. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000.00 or more.

(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00.

(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200.00 but does not exceed $500.00.

(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.00. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.
d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

(2)"Store or other retail mercantile establishment" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;
(3)"Merchandise" means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;
(4)"Merchant" means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor; The Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

ROBERT J. FOEHNER, Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, DOCKET NO. A-1971-11T3

« Citation
Data

ROBERT J. FOEHNER,

Appellant,

v.

NEW JERSEY MOTOR VEHICLE

COMMISSION,

DOCKET NO. A-1971-11T3

October 24, 2012

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

Argued October 9, 2012 - Decided

Before Judges Parrillo and Maven.

On appeal from the New Jersey Motor Vehicle Commission.

Linda E. Mallozzi argued the cause for appellant.

Elaine C. Schwartz, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Jennifer R. Budd, Deputy Attorney General, on the brief).

PER CURIAM

Appellant Robert J. Foehner appeals from the Motor Vehicle Commission's (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver's license due to a fourth conviction for an alcohol-related offense. Because the applicable statutes and published opinions clearly support the MVC's action as a matter of law, we affirm the suspension.

The pertinent facts and procedural history are uncomplicated. On September 21, 2011 appellant was convicted of driving under the influence in the State of Arizona. Pursuant to the Interstate Driver License Compact, N.J.S.A. 39:5D-3, the MVC suspended appellant's New Jersey driving privileges because the Arizona DUI constituted appellant's fourth alcohol-related conviction. The 3,650-day suspension was issued pursuant to N.J.S.A. 39:4-50(a)(3), which requires that upon a third or subsequent DUI, a driver "shall . . . forfeit his right to operate a motor vehicle" in New Jersey "for 10 years."

The MVC asserts that appellant was convicted of his first DUI on May 28, 1986, his second on November 2, 1990, his third on December 19, 1992, and the fourth on September 21, 2011. The first three offenses occurred in New Jersey; the fourth occurred in Arizona.

As a result, on October 19, 2011, the MVC sent a suspension notice to appellant indicating that his driving privileges were scheduled to be suspended for 3,650 days because of the Arizona conviction. Printed on the second page of the notice, which included the forty most recent motor vehicle records for appellant, was a portion of appellant's driving history dating from August 17, 1992 to October 18, 2011.

Because of the incomplete information provided by the MVC, appellant requested a hearing on the proposed suspension stating, in part, "[t]here is no basis for the proposed suspension. Mr. Foehner's abstract establishes disputed material facts which support the objection to the suspension."

In a letter dated November 29, 2011, the MVC denied the hearing request and ordered the suspension, effective January 3, 2012. The MVC took the position that appellant's the hearing request did not identify any disputed material facts or legal issues, as required, but merely "indicates that you desire a hearing and your driving record does not warrant a 3,650 suspension term."

Appellant filed a Notice of Appeal on December 28, 2011 and request for a stay of the sanction pending appeal. Appellant also requested that the MVC stay the suspension pending resolution of the appeal. The MVC rejected appellant's request for a stay. We denied the stay.

On appeal, appellant notes that the driving history provided with the notice of suspension contained only one prior alcohol-related motor vehicle offense dating back to December 19, 1992. He argues that, as a matter of procedural due process, he is entitled to an agency hearing to evaluate the legal and factual bases for the imposition of a 3,650-day suspension given the lack of "necessary information upon which the appellant might discern or determine the basis for the agency's decision". We disagree.

Our scope of review of an agency decision is limited. In re Taylor, 158 N.J. 644, 656 (1999). "[A]n appellate court ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey Hosp. Voorhees for a Certificate of Need, 194 N.J. 413, 422 (2008) (citation omitted); see alsoBrady v. Bd. of Review, 152 N.J. 197, 210 (1997).

N.J.A.C. 13:19-1.2 sets forth the requirements pertaining to administrative hearing requests. A hearing request must "specify all disputed material facts which the licensee or his or her attorney intends to raise at such hearing." N.J.A.C. 13:19-1.2(d). It must also "set forth all legal issues" intended to be raised, as well as "all arguments on those issues which the licensee wishes the [MVC] to consider."Ibid. Hearing requests are denied for failure to comply with these requirements. N.J.A.C. 13:19-1.2(e). However, no such hearing is required if a State agency is "required by any law to . . . suspend . . . a license . . . without exercising any discretion in the manner" either on the basis of a court's judgment in the matter or by law. N.J.S.A. 52:14B-11; see N.J.A.C. 13:19-1.13(d); see also State of New Jersey, Div. of Motor Vehicles v. Pepe, 379 N.J. Super. 411, 419 (App. Div. 2005) (no hearing required when there exists no disputed facts or law).

Here, appellant has failed to identify any disputed material facts. He does not contest that he has been convicted of DUI on four occasions, nor does he raise any legal issues to be addressed by the MVC. Rather, the appellant merely contends that the MVC did not provide him with proof of all four of his DUI convictions when it initially issued the suspension notice.¹

S

ince no disputed issues of material fact existed, and no legal issues were raised, no evidentiary hearing was required before the mandatory suspension was imposed. Pepe, supra, 379 N.J. Super. at 419.

Affirmed.

1 It appears that the MVC sent appellant's counsel appellant's Certified Driver's Abstract on February 7, 2012, following her request for this document.

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This archive is a service of Rutgers School of Law - Camden.

court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center

39:4-50 (3)For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.  For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

3rd offense DWI

3rd offense DWI  
(3)For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.  For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

39:4-183.30. Effect of act on offenses, liabilities, penalties or forfeitures prior to date of act

39:4-183.30.  Effect of act on offenses, liabilities, penalties or forfeitures prior to date of act

No offense committed, and no liability, penalty, or forfeiture, either civil  or criminal, incurred, prior to the repeal or revision of any act or any part  thereof by the enactment of this act, shall be discharged, released or affected  by the repeal or revision of the act or part thereof under which such offense,  liability, penalty or forfeiture was incurred, and prosecutions and actions for  such offenses, liabilities, penalties or forfeitures committed or incurred  prior to the effective date of this act shall be commenced or continued and be  proceeded with in all respects as if the act or part thereof had not been  repealed or revised.

     L.1972, c. 43, s. 4. 39:4-183.31  Posting of pedestrian crossing yield signs.
3.The Commissioner of Transportation shall post, and shall request county and municipal authorities to post, pedestrian crossing yield signs that make reference to State law at all  crosswalks at intersections that have demonstrated pedestrian safety problems and are not controlled by a traffic control signal. The signs shall conform to the "Manual on Uniform Traffic Control Devices".

L.2005,c.158,s.3. 39:4-191.1  Legal authority; uniformity.
100. a. Markings shall be placed only by the authority of a public body or official having jurisdiction as authorized by law, and only for the purpose of regulating, warning, or guiding traffic.  Where used, these markings shall be uniform in design, position, and application.  The Commissioner of Transportation may adopt a uniform system of markings consistent with the provisions of this act for use upon public highways within the State.  Such a uniform system of markings shall correlate with and so far as possible conform to the current "Manual on Uniform Traffic Control Devices for Streets and Highways."

b.No markings made from paint that has been mixed, in whole or in part, with reflective glass beads containing more than 100 parts per million inorganic arsenic, as determined by x-ray fluorescence, shall be placed on or along any State highway, right-of-way, or other real property owned by or under the administration, jurisdiction, or control of the Department of Transportation.

39:4-183.29. Continuance of rules and regulations promulgated by department of transportation prior to act

39:4-183.29.  Continuance of rules and regulations promulgated by department  of transportation prior to act    This act shall not affect the orders, rules and regulations heretofore made  or promulgated by the Department of Transportation relating to the placing,  specifications, location and maintenance of highway and traffic signs and  markings, but such orders, rules and regulations shall continue with full force  and effect until amended or repealed pursuant to law.

39:4-183.27. Rules and regulations; placement, specifications, location and maintenance of traffic signs and markings

39:4-183.27.  Rules and regulations;  placement, specifications, location and maintenance of traffic signs and markings
    The Commissioner of Transportation shall, from time to time, promulgate rules and regulations concerning the placing, specifications, location and maintenance of highway and traffic signs and markings.  In promulgating such rules and regulations, the commissioner shall be guided by the Manual on Uniform Traffic Control Devices for streets and highways which has been adopted  by the Federal Highway Administrator as a national standard for application on  all classes of highways.

39:4-183.22a. Construction warning signs

39:4-183.22a.  Construction warning signs    The design and location of standard construction warning signs should be as  follows:

    (a) Shape--Rectangle with longer dimension horizontal;

     (b) Color--White background with black letters;

     (c) Dimensions--Four feet by six feet, or larger for higher approach speeds;

     (d) Message--CONSTRUCTION AHEAD or other appropriate wording, the distance over which the warning applies, and the approved speed limit.

     (e) Location--Where construction work is in progress within the roadway area, a construction warning sign shall be located on each side of the roadway,  facing approaching traffic, five hundred feet to one thousand feet in advance  of the beginning of the construction area, the distance depending on the  approach speeds on that roadway.

39:4-183.9 Design of traffic signs.

39:4-183.9  Design of traffic signs.
10.The design of all traffic signs shall conform to and have the minimum dimensions of the specifications adopted by the commissioner, except as otherwise approved by the commissioner.  Where conditions require greater visibility necessitating a larger sign, standard shapes and colors shall be used, and standard proportions shall be retained, so far as practicable.

This is not to be deemed to prohibit the erection of enlarged bridge type signs or narrow longitudinal type signs suspended from mast arms, over the roadway.

39:4-183.8. Materials

39:4-183.8.  Materials    Permanent traffic signs should be made of metal or comparable durable material;  wood may be used for large signs and also for temporary and seasonal  signs;  heavy cardboard may be used for special occasions or emergencies.

39:4-183.6 Determination of signage.

39:4-183.6  Determination of signage.
7.The commissioner may determine the character, type, location, wording or symbol, and use of all traffic signs on the highways of this State; may adopt a manual and specifications for a uniform system of traffic signs consistent with the provisions of this act for use upon public highways within the State.  Such uniform system shall correlate with and so far as possible conform to the system then current as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways."

39:4-183.4. Prohibited signs deemed a nuisance; action for removal

39:4-183.4.  Prohibited signs deemed a nuisance;  action for removal    A sign, device or other contrivance prohibited by section four of this act shall be deemed a public and private nuisance and any citizen may maintain an action at law or in equity for its removal.  The sole question of law and fact shall be whether it is in imitation of or of a nature as to be mistaken for an official traffic sign.

39:4-183.3. Display of unauthorized traffic signs

39:4-183.3.  Display of unauthorized traffic signs    No person shall place, maintain or display upon or in view of any highway, any unauthorized traffic sign, device or other contrivance which purports to be  or is an imitation of or of such a nature as to be mistaken for an official  traffic sign or which attempts to direct the movement of traffic or which hides  from view or interferes with the effectiveness of any official traffic sign and  no person shall place or maintain, nor shall any public authority permit upon  any highway, any traffic sign or signal bearing thereon or its support, any  commercial advertising.

    This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

39:4-183.2. Signs hereafter erected

39:4-183.2.  Signs hereafter erected    All traffic signs hereafter erected, whether initial installations or replacements, must conform in all respects to the provisions of this act.

39:4-183.1a Installation of traffic control device, sign by municipality at request of school.

39:4-183.1a Installation of traffic control device, sign by municipality at request of school.
1.Notwithstanding any law to the contrary, a municipality may, upon the request of the appropriate board of education or, in the case of a private school, by the school's governing body, provide by resolution for the installation of a traffic control device or sign consistent with the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways as adopted by the Commissioner of Transportation, to regulate motor vehicle traffic at an intersection located within 300 feet of any public or private school; provided that the municipal or county engineer shall, under the engineer's seal as a licensed professional engineer, certify to the municipal or county governing body, as appropriate, that the traffic control or device has been approved by the engineer after the engineer's investigation of the circumstances.  Before a resolution shall take effect, however, the governing body shall submit a copy of the resolution to the Commissioner of Transportation for his review and approval together with detailed information as to the location of streets, intersections and signs affected by any installation, traffic count, accident and speed sampling data when appropriate, the municipal or county engineer's certification, under the engineer's seal as a licensed professional engineer, to the municipal or county governing body, and any other information as the commissioner may require.  If the commissioner disapproves the resolution, he shall file his disapproval, in writing, with a statement of the reasons for his disapproval, with the governing body within 90 days following the receipt of the resolution.  If the commissioner approves the  resolution or fails to file his disapproval within the 90-day review period, the resolution shall take effect immediately.

For the purposes of this section, the term "public or private school" has the meaning that term is given in N.J.S.18A:1-1.

39:4-183.1 Legal authority

39:4-183.1  Legal authority
    Traffic signs shall be placed only by the authority of a public body or official having jurisdiction as authorized by law and only for the purpose of regulating, warning or guiding traffic.

    This section, however, shall not prohibit public utility companies or other  authorized persons or companies from erecting temporary MEN WORKING signs to  protect construction, maintenance or repair work on or within a public highway;   provided, such signs conform reasonably to the specifications included in this  act.

39:3-10 penalties

39:3-10 penalties
A person violating this section shall be subject to a fine not exceeding $500 or imprisonment in the county jail for not more than 60 days, but if that person has never been licensed to drive in this State or any other jurisdiction, the applicant shall be subject to a fine of not less than $200 and, in addition, the court shall issue an order to the commission requiring the commission to refuse to issue a license to operate a motor vehicle to the person for a period of not less than 180 days.  The penalties provided for by this paragraph shall not be applicable in cases where failure to have actual possession of the operator's license is due to an administrative or technical error by the commission.

Nothing in this section shall be construed to alter or extend the expiration of any license issued prior to the date this amendatory and supplementary act becomes operative.

39:3-44 . Scope and effect no point offense

39:3-44 .  Scope and effect no point offense
    No person shall hereafter drive, move, park or be in custody of nor shall any owner or lessee hereafter cause or knowingly permit to be driven, moved or parked on any highway any vehicle, motor vehicle or motor-drawn vehicle or combination of vehicles which is in such unsafe condition as to endanger or be likely to endanger any person or property, or which does not contain those parts or is not at all times, equipped with such equipment in proper condition and adjustment as required in this article, or which is equipped in any manner in violation of this article.  No person shall do any act forbidden or fail to perform any act required under this article. 

39:4-97. Careless driving in NJ can be on private property

39:4-97.     Careless driving  
    39:4-97.  A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.