39:4-97 Careless driving 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 plus court costs NJ MVC Points 39:4-97 Careless driving 2

39:4-97 Careless driving 

    39:4-104 Fine or imprisonment not

exceeding 15 days, or both

$50 $200 plus court costs

NJ MVC Points 39:4-97 Careless driving

2

and 2 Car insurance points

PlusJudge 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

Careless driving Careless driving 39:4-97 requires the State to provide the vehicle was operated by the defendant carelessly or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property

         The NJ Appellate Division in held in State v Lutz309 N.J. Super. 317 (App. Div. 1998) that merely because an accident took place a driver does not been the driver is guilty of careless driving. The court wrote:

         "Finally, we find merit in defendant's contention that the State failed to prove beyond a reasonable doubt that he was guilty of careless driving. 

The court wrote:

     It appears that both the Municipal Court judge and the Law Division judge applied a res ipsa loquitur analysis in finding defendant guilty of careless driving.   The doctrine of res ipsa loquitur, however, has no application in the determination of careless driving due to the quasi-criminal nature of the proceeding in which the State has the burden of proving beyond a reasonable doubt all elements of the offense.   See State v. Wenzel, 113 N.J.Super., 215, 216-18, 273 A.2d 395 (App.Div.1971) (the mere fact of an “otherwise unexplained jackknifing” where a tractor-trailer entering a construction area had jackknifed on the wet roadway, crossed into the opposite lane and broadsided another truck fatally injuring the truck's driver, did not establish that the defendant had been driving carelessly.)

The careless driving statute provides:

[a] person who drives a vehicle on a highway 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.

[N.J.S.A. 39:4-97.]

Here, other than the accident itself, the State only presented defendant's statement that his vehicle began to slide on the wet highway and continued to do so when he tapped his brakes.   Moreover, his apology was not an admission to driving carelessly, but merely a statement that his car had slid on the wet pavement.   The State presented no evidence indicating that defendant had been speeding, driving too fast for the wet road conditions, distracted or otherwise driving without due caution and circumspection.   Consequently, there was insufficient evidence to support defendant's conviction for careless driving, and we reverse that conviction.

      In State v. Wenzel, 113 N.J. Super. 215 (App. Div. 1971) defendant was charged with careless driving when his tractor-trailer jackknifed and struck another trailer. The State's only witness did not see the accident. There was no evidence defendant was speeding or that he drove without due caution or circumspection. However, both the municipal and county courts determined that an otherwise unexplained jackknifing was indicative of careless driving. The Appellate Division reversed, holding the res ipsa doctrine employed by the lower courts had no place in a quasi-criminal action for careless driving. The rationale of the Wenzel decision applies to this case.

         

See also State v Roenicke174 N.J. Super. 513 (Law Div 1980)

       Defendant was involved in a one-car accident, which was not observed, by the trooper or any other witness. The State failed to establish beyond a reasonable doubt that he drove in a reckless manner.  Defendant cannot be found guilty of reckless driving, and his conviction is set aside.

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. 

         More info at http://www.njlaws.com/careless_reckless_driving.htm

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

39:8-9 Fraudulent Inspection StickerEnforcement; violations, penalties

39:8-9 Fraudulent Inspection StickerEnforcement; violations, penalties  
    

     a.  The enforcement of this chapter shall be vested in the director and the police or peace officers of any municipality, any county or the State.  

   b.   An owner or lessee who:

  

   (1)  Fails or refuses to have a motor vehicle examined within the time period prescribed by the director; or  

   (2)  After having had it examined, fails or refuses to place or display a certificate of approval, rejection sticker or waiver certificate upon the windshield or other location on the vehicle as may be prescribed by the director; or  

   (3)  Fails or refuses to place the motor vehicle in proper condition after having had the same examined; or  

   (4)  In any manner, fails to conform to the provisions of this chapter or the regulations adopted by the director pursuant thereto, shall be guilty of violating the provisions of this chapter, and shall be subject to a fine of not less than $100 or more than $200 or to imprisonment for not more than 30 days, or to both such fine and imprisonment.  

   c.   A person who fraudulently obtains a certificate of approval, rejection sticker or waiver certificate, or displays or has in his possession a fictitious, altered, or stolen certificate of approval, rejection sticker or waiver certificate shall be subject to a fine of $500 for each such certificate or sticker. 

   d.   The provisions of this chapter shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this chapter:  

   (1)  The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in "the penalty enforcement law";  

   (2)  The complaint in any such proceeding may be made on information and belief by the director, or any police or peace officer of any municipality, any county or the State;  

   (3)  A warrant may issue in lieu of summons;

  

   (4)  Any police or peace officer shall be empowered to serve and execute process in any such proceeding;  

   (5)  The hearing in any such proceeding shall be without a jury;  

   (6)  Any such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey;  

   (7)  Any sums received in payment of any fines imposed in any such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him to the State Treasurer, who shall deposit one-half of such sums in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2, and who shall pay the remaining one-half of such sums to the county or municipality initiating the complaint or summons or, if initiated by State law enforcement personnel, to the State Treasury;  

   (8)  The director or judge before whom any hearing under this chapter is had may revoke the registration certificate of any motor vehicle owned or leased by any person, when such person shall have been found to be in violation of any of the provisions of this chapter as shall in the discretion of the director or judge justify such revocation.  

   e.   The director may order the suspension of the registration or reciprocity privilege of any motor vehicle found to be in violation of any of the provisions of this chapter.  If the owner or lessee fails to surrender the license plates for that vehicle to the division within 45 days of the mailing of an order requiring their surrender, the director may order the confiscation of the license plates of the vehicle that is in violation.  An order of license plate confiscation issued by the director shall include an order imposing a civil penalty of $200 on the owner or lessee of the vehicle.  This civil penalty shall be paid to the State Treasurer, who shall deposit one-half of the amount in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2 and pay the remaining one-half to any municipality or county whose law enforcement, police or peace officers confiscated the plates in accordance with the order of the director, or if the plates were confiscated by State law enforcement personnel, to the State Treasury.  A civil penalty imposed pursuant to this subsection shall be in addition to any other penalty provided by this chapter.  


39:8-1 Failure to inspect

39:8-1 Failure to inspect

Fine of $100 -$200 or not more than 30 days, or
 both

certif, and/or license plate to MVC per 39:8-9

 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.

  a.  The enforcement of this chapter shall be vested in the director and the police or peace officers of any municipality, any county or the State. 

  b.  An owner or lessee who:

 

  (1)  Fails or refuses to have a motor vehicle examined within the time period prescribed by the director; or 

  (2)  After having had it examined, fails or refuses to place or display a certificate of approval, rejection sticker or waiver certificate upon the windshield or other location on the vehicle as may be prescribed by the director; or 

  (3)  Fails or refuses to place the motor vehicle in proper condition after having had the same examined; or 

  (4)  In any manner, fails to conform to the provisions of this chapter or the regulations adopted by the director pursuant thereto, shall be guilty of violating the provisions of this chapter, and shall be subject to a fine of not less than $100 or more than $200 or to imprisonment for not more than 30 days, or to both such fine and imprisonment. 

  c.  A person who fraudulently obtains a certificate of approval, rejection sticker or waiver certificate, or displays or has in his possession a fictitious, altered, or stolen certificate of approval, rejection sticker or waiver certificate shall be subject to a fine of $500 for each such certificate or sticker. 

  d.  The provisions of this chapter shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this chapter: 

  (1)  The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in "the penalty enforcement law"; 

  (2)  The complaint in any such proceeding may be made on information and belief by the director, or any police or peace officer of any municipality, any county or the State; 

  (3)  A warrant may issue in lieu of summons;

 

  (4)  Any police or peace officer shall be empowered to serve and execute process in any such proceeding; 

  (5)  The hearing in any such proceeding shall be without a jury; 

  (6)  Any such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey; 

  (7)  Any sums received in payment of any fines imposed in any such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him to the State Treasurer, who shall deposit one-half of such sums in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2, and who shall pay the remaining one-half of such sums to the county or municipality initiating the complaint or summons or, if initiated by State law enforcement personnel, to the State Treasury; 

  (8)  The director or judge before whom any hearing under this chapter is had may revoke the registration certificate of any motor vehicle owned or leased by any person, when such person shall have been found to be in violation of any of the provisions of this chapter as shall in the discretion of the director or judge justify such revocation. 

  e.  The director may order the suspension of the registration or reciprocity privilege of any motor vehicle found to be in violation of any of the provisions of this chapter.  If the owner or lessee fails to surrender the license plates for that vehicle to the division within 45 days of the mailing of an order requiring their surrender, the director may order the confiscation of the license plates of the vehicle that is in violation.  An order of license plate confiscation issued by the director shall include an order imposing a civil penalty of $200 on the owner or lessee of the vehicle.  This civil penalty shall be paid to the State Treasurer, who shall deposit one-half of the amount in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2 and pay the remaining one-half to any municipality or county whose law enforcement, police or peace officers confiscated the plates in accordance with the order of the director, or if the plates were confiscated by State law enforcement personnel, to the State Treasury.  A civil penalty imposed pursuant to this subsection shall be in addition to any other penalty provided by this chapter.  

39:4-56.5 Abandonment of motor vehicle First offense: Fine and license or driving privileges may be suspended or revoked by Administrator of MVC for not more than 2 years

39:4-56.5 Abandonment of motor vehicle

First offense: Fine and license or

driving privileges may be

suspended or revoked by

Administrator of MVC for not more

than 2 years

fine $100 $500 plus court costs

Subsequent offense: Fine and

license or driving privileges may

be suspended or revoked by

Administrator of MVC for a period

of not more than 5 years

fine $500 $1000

   1.  a.  It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the private property.  A vehicle which has remained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle.  Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

   b.   It shall be unlawful for any person to abandon a motor vehicle on or along any limited access highway without the consent of the State Department of Transportation or other entity having jurisdiction over the limited access highway, as the case may be.  A vehicle which remains on or along such a highway for a period of more than four hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle.  Legally parked vehicles, such as vehicles parked in a designated rest area for not more than 12 hours, or vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

   c.   Any person who violates this section shall be subject for the first offense  to a fine of not less than $100 nor more than $500  and his license or driving privilege may be suspended or revoked by the director for not more than two years.  For any subsequent violation he shall be subject to a fine of not less than $500 nor more than $1,000, and his license or driving privilege be suspended or revoked for a period of not more than five years.

39:6B-2 Penalties No insurance Failure to carry motor vehicle insurance coverage

 39:6B-2  Penalties No insurance Failure to carry motor vehicle insurance coverage

First offense: Fine and a period of

community service as determined

by the court, and suspension of

driving privileges for 1 year

fine $300 $1000 plus court costs

Plus 9 car insurance points and $750 in MVC surcharges per offense

Subsequent offense: Fine and

shall be subject to 14 days

imprisonment, and 30 days

community service and

suspension of driving privileges for

2 years from date of conviction

fine up to $5000 plus court costs

Plus 9 car insurance points and $750 in MVC surcharges per offense

An 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 P.L.1972, c.197 (C.39:6B-1 et seq.), and an 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 P.L.1972, c.197 (C.39:6B-1 et seq.) 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.  

     The court also shall suspend the person's right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction ; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing.  [This was amended in 2012]

Upon subsequent conviction, the person 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 a form and on terms as the court shall deem appropriate under the circumstances, and shall forfeit the person's right to operate a motor vehicle for a period of two years from the date of the conviction, and, after the expiration of the forfeiture, the person may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator.  The chief administrator'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.

39:3-4 Driving or parking unregistered motor vehicle

39:3-4 Unregistered Vehicle Violations

39:3-4 Driving or parking unregistered motor vehicle

Fine: Zero- $100 plus court costs. No surcharge, no points

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

39:3-4 Driving or parking unregistered motor vehicle

Fine: Zero- $100 plus court costs. No surcharge, no points

If this is the only violation it is not cost effective to hire a trial attorney. Our minimum fee is $500.

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

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/municipal court tickets throughout New Jersey, including drivers charged with driving while suspended and refusal. If someone pleads guilty to unregistered vehicle, they will have to pay fines to the court, plus pay surcharges to the DMV, now Motor Vehicle Commission

The following is the law on Unregistered vehicle violations

39:3-4 Registration of automobiles and motorcycles, application, registration certificates; expiration; issuance; violations; notification. 39:3-4. Except as hereinafter provided, every resident of this State and every nonresident whose automobile or motorcycle shall be driven in this State shall, before using such vehicle on the public highways, register the same, and no automobile or motorcycle shall be driven unless so registered.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39:3-33 Unclear plates

39:3-33 Unclear plates

Display of unclear or

indistinct license plates

First offense: If default in

fine, then imprisonment not

exceeding 10 days

fine up to $100

DWI Offense 39:3-40 (f) (3) Driving while license suspended in a school zone

 Offense 39:3-40 (f) (3)

Driving while license suspended in a school zone due to conviction for:

- N.J.S.A. 39:4-50 (driving while intoxicated), or

- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)

1st Offense

- $1000 fine, and

- driver's license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment of not less than 60 days nor more than 90 days.

Plus 9 car insurance points and $750 in MVC surcharges per offense

2nd Offense

- $1250 fine, and

- driver's license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment of not less than 120 days nor more than 150 days, 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), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment

for previous offense.

Plus 9 car insurance points and $750 in MVC surcharges per offense

3rd or Subsequent

Offense- $1500 fine, and

- driver's license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment for 180 days, and

- 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), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for

previous offense.

Plus 9 car insurance points and $750 in MVC surcharges per offense

39:4-129(a) Leaving the scene of accident involving injury or death

39:4-129(a) Leaving the scene of

accident involving injury or

death

First offense: Fine or 180 days

imprisonment, or both, and

suspension of driving privileges for

1 year from date of conviction.

Imprisonment shall be imposed

only if death or injury to another

person

fines $2500 $5000

NJ MVC Points 39:4-129 Personal Injury

8

Plus 8 car insurance points

Subsequent offense: Fine or 180

days imprisonment from date of

conviction, or both, and permanent

forfeiture of driver's license.

Imprisonment shall be imposed

only if death or injury to another

person

$2500 $5000

NJ MVC Points 39:4-129 Personal Injury

8

Plus 8 car insurance points

39:4-129, 39:4-130 Leaving Scene of Accident and Failure to Report, Car Accident

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. There is mandatory 6 month loss of license for leaving the scene. Our goal as the attorney is to negotiate with the prosecutor to reduce down to a violation with no suspension.

39:4-129   Action in case of accident.

 39:4-129 . (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene 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 $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both.  The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.

More info at http://www.njlaws.com/leaving_the_scene.html

In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

(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.

(c)The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operators license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

(d)The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

(e)There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property has knowledge that he was involved in such accident.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.

There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.

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 not less than $250 or more than $1,000.

Amended 1940, c.147; 1967, c.189, s.1; 1977, c.407; 1978, c.180; 1979, c.463, s.1; 1994, c.183, s.1; 2003, c.55, s.1; 2007, c.266, s.1.

39:4-130  Immediate notice of accident; written report.

  

39:4-130. The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the chief administrator to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances.  The chief administrator may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous.  The commission may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the commission, the original report is insufficient.  The reports shall be without prejudice, shall be for the information of the commission, and shall not be open to public inspection.  The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.

Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.

Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.

In those cases where a driver knowingly violates the provisions of this section by failing to make a written report of an accident, there shall be a permissive inference that the registered owner of the vehicle which was involved in that accident was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was the person involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.

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 not less than $250 or more than $1,000.

A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the commission pursuant to R.S.39:4-131.

Except as otherwise provided in this section, a person who knowingly violates this section shall be fined not less than $30 or more than $100.

The chief administrator may revoke or suspend the operators license privilege and registration privilege of a person who violates this section.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.Copyright 2016 Vercammen Law

39:4-86 Failure to overtake and pass properly

39:4-86 Failure to overtake and

pass properly

    Penalties set forth at 39:4-203 Fine or imprisonment not

exceeding 15 days, or both

fines $50 $200 plus court costs and possible non renewal by insurance company

NJ MVC Points 39:4-86 Improper passing, in "No Passing" zone

4

Plus 4 car insurance points

39:3-40 Allowing suspended driver to operate your car Penalties

39:3-40 Allowing suspended driver to operate your car

Penalties 

h. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person: 

     (1)Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or 

       (2)Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.

        In any case where a person who owns or leases a motor vehicle knows that the operator's license or reciprocity privilege of the person he permits to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days;

Plus 9 car insurance points 

plus $750 in MVC surcharges per offense mandatory

o convict a defendant of allowing under N.J.S.A 39:4-50(a), the State must demonstrate beyond a reasonable doubt that he or she had actual or constructive knowledge of the driver s intoxication, that he or she permitted the driver to operate the vehicle, and that the vehicle was under the defendant s custody or control. This appeal centers upon only one statutory element: that defendant allowed an intoxicated person to drive the vehicle. State v. Manaf Stas (A-14-11) (068060)

State v. Manaf Stas (A-14-11) (068060)

  Decided September 12, 2012 To convict a defendant of allowing under N.J.S.A 39:4-50(a), the State must demonstrate beyond a reasonable doubt that he or she had actual or constructive knowledge of the driver s intoxication, that he or she permitted the driver to operate the vehicle, and that the vehicle was under the defendant s custody or control. This appeal centers upon only one statutory element: that defendant allowed an intoxicated person to drive the vehicle.

PATTERSON, J., writing for a unanimous Court.

In this appeal, the Court determines whether, in the quasi-criminal proceedings before the municipal court and the Law Division, the use of defendant s silence as substantive evidence of his guilt and for the purpose of assessing his credibility violated his federal constitutional privilege against self-incrimination, and his state statutory and common law privilege against self-incrimination.

 

Defendant Manaf Stas and Joseph Putz were involved in an automobile accident in a minivan owned by defendant s sister, minutes after leaving a bar where both had been drinking. When police arrived on the scene, Putz told the investigating officer that he had been driving at the time of the accident. After failing field sobriety tests, Putz was arrested and charged with driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50(a). Defendant did not comment on Putz s confession to being the driver. Other than to respond to the officers questions about his identity and the vehicle, defendant said nothing. Defendant was given a summons under N.J.S.A. 39:4-50(a) for allowing Putz, while intoxicated, to operate a vehicle over which he had custody and control, sometimes called the allowing offense.

 

At their joint municipal court trial, defendant and Putz gave an account of events that sharply diverged from the story given by Putz immediately after the accident. Putz testified that defendant had been the driver and that his statement at the scene that he was the driver had been a lie. Defendant corroborated Putz s revised account, testifying that he, not Putz, had been driving. Rejecting this testimony, the municipal court found Putz guilty of DWI and found defendant guilty of allowing. The court relied in part on the fact that defendant had stood by in silence while Putz told police that he was the driver. Defendant and Putz then appealed to the Law Division, which conducted a de novo review. Both defense attorneys argued that in the absence of witnesses who could testify with personal knowledge of the identity of the driver, and in light of defendants testimony that defendant was the driver, the municipal court had erred in convicting defendant and Putz. For the first time, defendant s counsel argued that Putz s statements to the police constituted hearsay that was inadmissible against defendant. Also for the first time, counsel for Putz objected to the use of defendant s silence, and any inferences from that silence, as a violation of both Constitutions, both Federal and State. Defendant s counsel did not join in that objection. The Law Division convicted defendant of allowing, relying upon defendant s silence while Putz was questioned and arrested as an admission on [defendant] s part. 

 

Defendant appealed and an Appellate Division panel affirmed. It rejected defendant s contention that the State s evidence was insufficient to support his conviction for allowing an intoxicated driver to use the minivan under defendant s control in violation of N.J.S.A. 39:4-50(a). It held that Putz s statement to officers that he was driving was admissible against both defendants as a statement against interest. In the panel s view, the record contained sufficient evidence, apart from defendant s silence at the scene, to support his conviction; and even if reliance on his silence was error, it was harmless. The Court granted defendant s petition for certification. 208 N.J. 368 (2011).

HELD: The use of defendant s silence as substantive evidence of his guilt and for the purpose of assessing his credibility violated his federal constitutional privilege against self-incrimination, and his state statutory and common law privilege against self-incrimination. Given the prominent role that defendant s silence played in his conviction, the error was clearly capable of producing an unjust result and warrants a new trial. R. 2:10-2.

1. The Court reviews the factual findings of the Law Division and municipal court under a deferential standard, but no deference is owed with respect to legal determinations or conclusions reached on the basis of the facts. (p. 14)

2. To convict a defendant of allowing under N.J.S.A 39:4-50(a), the State must demonstrate beyond a reasonable doubt that he or she had actual or constructive knowledge of the driver s intoxication, that he or she permitted the driver to operate the vehicle, and that the vehicle was under the defendant s custody or control. This appeal centers upon only one statutory element: that defendant allowed an intoxicated person to drive the vehicle. (pp. 15-16)

3. The Law Division s reliance on defendant s silence in convicting him implicates his Fifth Amendment privilege against self-incrimination and his New Jersey state law statutory and common law privilege against self-incrimination, which are codified in N.J.S.A. 2A:84A-19 and N.J.R.E. 503. The privilege protects individuals who are tried for DWI-related offenses in quasi-criminal proceedings and is available to a defendant accused of an allowing violation of N.J.S.A. 39:4-50. Accordingly, this case is governed by decisions applying self-incrimination principles to settings involving a defendant s pre- and post-arrest silence. (pp. 16-19)

4. Under federal law, the use for any purpose at trial of a defendant s silence after his arrest and the administration of Miranda warnings violates his or her privilege against self-incrimination and his or her right to due process. Under the New Jersey Supreme Court s jurisprudence, even silence that precedes the administration of Miranda warnings -- if it is at or near the time of a defendant s arrest -- cannot be used for any purpose at trial. However, pre-arrest silence that is not at or near the time of arrest, when there is no government compulsion and the objective circumstances demonstrate that a reasonable person in a defendant s position would have acted differently, can be used to impeach that defendant s credibility with an appropriate limiting instruction. It cannot, however, be used as substantive evidence of a defendant s guilt. (pp. 19-27)

5. The Law Division s use of defendant s silence, as substantive evidence of his guilt and for the purpose of assessing his credibility, violated his privilege against self-incrimination. At issue is defendant s silence during a police investigation. As police questioned Putz, defendant stood nearby and was questioned about the fact that the minivan belonged to his sister. It is undisputed that until defendant was questioned and issued a summons, he was not free to leave the scene. His silence occurred at or near his receipt of a summons at the scene for a violation of N.J.S.A. 39:4-50, the functional equivalent of an arrest for purposes of this analysis. His silence thus should not have been used for any purpose, and the Law Division s reliance on that silence constituted error. (pp. 27-28)

6. Because defendant did not object to the admission of the evidence of his silence before the Law Division, the Court reviews for plain error. R. 2:10-2. The Law Division s reliance on defendant s silence at the scene of the accident prejudiced a substantial constitutional right and was clearly capable of producing an unjust result. The Law Division could not convict defendant of the allowing offense under N.J.S.A. 39:4-50 unless it concluded beyond a reasonable doubt that Putz had been the driver, in contravention of both defendants trial testimony. N.J.S.A. 39:4-50. The State s evidence on that issue, presented at the municipal court and relied upon in the de novo trial before the Law Division, consisted of two components: Putz s statement to police, recanted at trial, and defendant s silence as he observed the testing, interrogation and arrest of Putz. The Law Division prominently featured defendant s silence in its explanation of the basis for its decision, not only as it affected defendant s credibility but as substantive evidence of his guilt. His silence cannot be isolated from the remaining evidence considered by the court. (pp. 28-30)

The judgment of the Appellate Division is REVERSED, and the matter is REMANDED for a new trial.

 

CHIEF JUSTICE RABNER and JUSTICES LaVECCHIA, ALBIN, and HOENS join in JUSTICE PATTERSON s opinion. JUDGE WEFING (temporarily assigned) did not participate.

 

SUPREME COURT OF NEW JERSEY

A- 14 September Term 2011

068060