New Jersey DWI DUI Lawyer

dwi new jersey

New Jersey Traffic Tickets

By New Jersey DWI
and Traffic Ticket Defense Lawyer
Greggory M. Marootian, Esq.
30 West Mount Pleasant Avenue, Suite 203
Livingston, New Jersey 07039

Cell (201) 404-8990
Tel (973) 994-3732
Fax (973) 994-2239

email

Quicklink reference:

MOTOR VEHICLE OFFENSES

New Jersey DWI & Motor Vehicle Defense Attorney:
Greggory M. Marootian, Esq.
30 West Mount Pleasant Avenue
Livingston, NJ 07039
Phone: 973-994-3732
email

INTRODUCTION

Most Motor Vehicle Offenses in New Jersey are initiated by the police issuing a Summons and Complaint charging an offense. Charges are generally heard in the Municipal Court where the offense is alleged to have occurred.

Convictions for motor vehicle offenses can result in “points”, DMV surcharges, increased insurance rates, license loss, fines and in some cases, jail.

Motor Vehicle Offenses are so vast, that a thorough discussion of all of the offenses and defense issues are not possible in this site.

I have focused here on a discussion of the more serious motor vehicle offenses. I have also opened up a new Forum for Questions and Answers for issues which are not addressed here – your individual questions will be responded to (your email address and name will not be divulged) in the New Jersey Motor Vehicle Offenses Question and Answer Forum. The forum also contains a Comment Board to express thoughts and insights regarding New Jersey Municipal Court(s), and Motor Vehicle Law(s). Both boards are hoped to initiate a lively and valuable exchange of Municipal Court issues.

DRIVING WITHOUT MOTOR VEHICLE LIABILITY INSURANCE

Driving Without Liability Insurance (N.J.S.A. 39:6B-2) is a serious offense in New Jersey with harsh mandatory penalties upon a conviction or guilty plea. It is also one of the most challenging and interesting motor vehicle offenses to defend in New Jersey.

1. WHAT ARE THE PENALTIES IF I AM CONVICTED?

The penalties vary depending on whether this is your first or subsequent conviction as follows:

A. FIRST OFFENSE

FINE: "not less than $300.00 nor more than $1,000.00"

LOSS OF LICENSE: One year

B. SECOND OFFENSE

FINE: "up to $5,000.00"

LOSS OF LICENSE: Two Years

JAIL: 14 Days

COMMUNITY SERVICE: 30 Days.

2. ARE THERE ANY DEFENSES?

You might think that pleading guilty is your only option. These are tough cases, but with creative application of the law, defenses to the No Insurance charge are possible.

There are some areas for counsel to thoroughly explore when representing a client charged with Operating a Motor Vehicle Without Insurance. Many times, these issues are overlooked because of a belief that no defenses are available:

(1) Was there insurance on the vehicle previously, and was that insurance canceled properly by the insurance carrier in strict compliance with New Jersey law? – If not, it follows that the car was insured since the cancellation was not effective.

(2) Is there any other motor vehicle insurance in the defendant’s household that might afford coverage to the subject vehicle? – If yes, the car is “insured.” This requires careful reading of the POLICY or policies. If there is any ambiguity in the policy language, the law requires that the ambiguity be resolved in favor of coverage, not in favor of the insurance carrier.

(3) Did the police have "probable cause" to stop the defendant? – If not, the stop is illegal and the charge must be dismissed as a matter of law.

(4) Can the State prove each and every element of the charged offense beyond a reasonable doubt? -- for example, did the defendant own the car or was he the registrant of the car, was the car registered in New Jersey or principally garaged there. Remember, the State has the burden of proof as to each element of the charges offense. A careful review of the statute will show that the State’s case may not be as clear cut as the prosecution would want you to believe.

If the defendant did not own the car, can the State show that by the attendant circumstances, he knew or should have known that the vehicle was not insured. Since the State must prove "knowledge" in this instance, it may very well be that the defendant was not aware that the vehicle was uninsured. If the car was registered in a State other than New Jersey and not principally garaged in New Jersey, the law (N.J.S.A. 39:6B-2) does not apply on its face.

These are difficult cases – winning them takes skilled defense work, creativity, and proper application of the law. A client charged with this offense is entitled to a meticulous review of the matter by defense counsel.

DRIVING WITH A SUSPENDED LICENSE

Driving With a Suspended or Revoked License (N.J.S.A. 39:3-40) is a serious offense in New Jersey (Note that Suspended and Revoked are synonymous)

1. WHAT ARE THE PENALTIES IF I AM CONVICTED?

The penalties vary depending on whether this is your first or subsequent conviction, whether anyone was injured or killed, whether the offense occurred in a “school zone”, and why your license was suspended, as follows:

A. FIRST OFFENSE

FINE: $500.00

LOSS OF LICENSE: Up to 6 months

B. SECOND OFFENSE

FINE: $750.00

LOSS OF LICENSE: Up to 6 months

JAIL: 1 to 5 days

C. THIRD OR SUBSEQUENT OFFENSE

FINE: $1,000.00

LOSS OF LICENSE: Up to 6 months

JAIL: 10 days

ENHANCED PENALTIES:

If you are suspended because of a DWI Conviction (N.J.S.A. 39:4-50) or Refusal to Submit to Breath Testing Conviction (N.J.S.A. 39:4-50.4a), the Court must suspend your driving privileges for at least one year, and up to two (years). The Court must also impose a Jail term of 10 days to 90 days. If the offense occurred in a school zone and you were suspended for DWI or Refusal, the Court must impose a jail term of 60 to 90 days for a first offense, 120 to 150 days for a second offense, and 180 days for a third offense.

If you were in an accident resulting in bodily injury to another, the Court must impose a jail term of 45 to 180 days. If the accident results in “serious bodily injury”, the Court must impose a jail term of between 6 months to 1 year and suspend your license for one year (to commence after the jail term).

If you are suspended due to a charge of driving with no insurance (N.J.S.A. 39:6B-2), the Court must suspend your driving privileges for at least one year, and up to two (years). The Court may also impose Jail of up to 90 days.

Lastly, if your driving privileges are revoked for failing to pay NJ DMV surcharges, the Court must impose an enhanced penalty of $3,000.00 (which can be waived with proof that all surcharges have been paid).

2. ARE THERE ANY DEFENSES?

Like any other criminal offense, you are presumed innocent. The State must prove, among other things, that you were properly notified of your license suspension. This requires the State (i.e. Prosecutor) to request and compile specific documentation from DMV to establish the case against you.

Experienced Counsel can review the Prosecutors’ records and assess whether there are any deficiencies in the State’s proofs.

Experienced Counsel can also analyze whether the police stop of your car was lawful and constitutional (i.e. did the police have probable case to pull you over). It has become common for Police to use computers in their patrol cars (mobile data terminals) to “run a plate” at random. If the registrant of the car comes back suspended, the car is pulled over. If you were pulled over as a result of a mobile data terminal stop, there are specific and explicit safeguards that the police must follow before puling you over.

Counsel can and should also guard the client for a worst case scenario. For example, if jail is a possibility, counsel should determine whether there are any alternatives to incarceration in the particular county where the case is being heard.

Some counties allow defendants to serve a jail term by performing work for the county -- for example, Sheriff Labor Assistance Program (SLAP) or Second Chance Program. Counsel should check with the County Sheriff’s Office prior to Trial for the guidelines.

Counsel should, in this regard, not overlook jail alternatives in the county where the defendant resides -- a jail term (or an alternative to incarceration) can sometimes be transferred from county to county. I was in court recently and observed a painfully poor defense. Defense counsel was not aware that the county did not allow any jail alternatives. His client, shocked and scared, was about to be cuffed and brought to jail. I took counsel to the side and told him that the county where the client lived offered a jail alternative. I gave counsel the name and telephone number of the county sheriff’s officer in charge of the transfers and jail alternatives which fortunately saved the defendant the misery of a jail term.

Again, Counsel should check with the Sheriff’s Office to see whether they accept transfers and if so, what the procedure and guidelines are.

If the defendant has a prior revoked guilty plea, counsel should explore whether that plea was made with counsel. If not, counsel should explore whether the defendant made an adequate waiver of his right to counsel - if he did not, counsel should argue for a waiver of the jail term, commonly referred to as a “Laurick” defense.

OPERATING A CAR WHILE POSSESSING DRUGS

Operating a motor vehicle while possessing drugs (N.J.S.A. 39:4-49.1) not prescribed by a physician is perhaps the most draconian motor vehicle law in New Jersey. Upon a conviction, the court must revoke the defendant’s driving privileges for 2 years. The harsh mandatory license revocation appears far out of line for the offense -- remember, the penalties apply for simply possessing the drug while operating the motor vehicle.

1. WHAT ARE THE PENALTIES IF I AM CONVICTED?

Mandatory 2 year loss of license and fine of up to $50.00.

2. ARE THERE DEFENSES?

Yes. First, very often, the State will also file a companion charge of simple possession of the drug. Since the State is permitted plea bargain the motor vehicle charge, it is possible to seek a resolution calling for a dismissal of the N.J.S.A. 39:4-49.1 charge with a plea to the simple possession charge. Further, it may be possible to get into a diversionary program (called a conditional discharge)got the simple possession charge.

There may be other defenses to the charge, but any defense approach usually must be approached cautiously since the State usually will have the defendant over the proverbial barrel. Can the State prove with a scientific test result, that the substance is what they claim? I handled one case where the State misplaced the alleged marijuana and therefore, was unable to get a laboratory certificate proving what the substance was. Did the State have probable cause for the stop and the subsequent search and seizure of the substance?

NJ DIVISION OF MOTOR VEHICLES “POINT” SYSTEM

1. WHAT ARE “POINTS” AND HOW ARE THEY ASSESSED?

The New Jersey Division of Motor Vehicles (DMV) may assess "points" against a New Jersey license upon convictions for certain motor vehicle offenses in New Jersey. These points vary depending upon the offense. See New Jersey DMV Point Schedule.

2. WILL POINTS AFFECT MY INSURANCE RATES?

Insurance carriers are allowed to assess "eligibility points" against you that translate into premium increases. Too many eligibility points (usually nine or more) can result in the cancellation of your coverage forcing you to get insurance through the New Jersey “Assigned Risk” insurance pool. Generally, for each DMV point you receive, your insurance carrier will assess a like number of "eligibility points."

Note that there are instances where DMV will not assess (DMV) points, but your insurance carrier will assess “eligibility points.” For example, a conviction for DWI has no DMV points, but nine eligibility points. An accident which is deemed to have been your fault (50% or more at fault) where your insurance carrier pays out $500.00 or more generally will result in five eligibility points. Therefore, a simple fender bender with a four point moving violation can result in an insurance nightmare!

3. CAN MY LICENSE BE SUSPENDED FOR “POINTS?”

If you accumulate 12 points, DMV will seek to suspend your license for between 30 to 180 days. The DMV will seek further suspensions with additional point accumulations.

You can however, seek to challenge the proposed DMV suspension by requesting a timely hearing. The request must set forth the specific facts and legal issues presented. Upon a proper challenge, the suspension will be held in abeyance until the case is heard at DMV. A properly prepared and crafted challenge can eliminate or reduce the period of suspension.

Note that there are no work or provisional licenses available in New Jersey if your license is suspended by DMV.

4. WILL POINTS EVER BE REMOVED?

Generally, 3 points will be subtracted from your point total for every full year that you go without a violation. You can also have points deducted by attending a DMV driver improvement program.

5. WILL I BE ASSESSED A FINE BY DMV FOR POINTS?

Motorists who incur six or more points are subject to a $100.00 surcharge and $25.00 for additional each point (over 6). The point reductions (SEE FAQ#3) do not, however, apply to this surcharge. Failing to pay the surcharge will result in the indefinite suspension of your driving privileges.

Call on New Jersey DWI lawyer, Greggory M. Marootian when you need experienced professionals to give you the facts, and restore your integrity.

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