DRIVER PRIVILEGES AND PENALTIESLOSING THE DRIVING PRIVILEGEAs required by New Jersey law, a motorist’s driving privileges will be suspended for some violations. These laws are designed to protect every driver. Thorough knowledge of New Jersey’s traffic laws is necessary for every driver. The failure by a motorist to pay motor vehicle-related judgments rendered because of personal injury or death, or damage to property in excess of $500, will result in driver license and registration suspension. Depending on a driver’s history of traffic violations, a suspension or revocation of driving privileges could occur. Suspensions are decided on a case-by-case basis. If the sentence is not mandatory, the Chief Administrator of the Motor Vehicle Commission (MVC), or the court, may suspend driving privileges. HOW TO LOSE DRIVING PRIVILEGES:
MVC’s Chief Administrator may require a reexamination of any driver who is considered a problem driver. This reexamination will help to determine whether to restore any driving privileges. Motorists under 21 years old, the legal age in New Jersey to purchase and/or consumer alcoholic beverages, found with a blood alcohol concentration about .01% while operating a motor vehicle will be penalized. MANDATORY SANCTIONSThe following sanctions pertain to motorists 21 years of age or older with a blood alcohol concentration between .08% and .10%. (FIRST OFFENSE ONLY)
The following sanctions pertain to motorists under 21 years of age with a blood alcohol concentration above .01%. (FIRST OFFENSE ONLY)
BREATH TESTSNew Jersey has an Implied Consent law. Drivers on New Jersey roadways have agreed, simply by using New Jersey roadways, to submit to a breath test given by law enforcement or hospital staff following an arrest for a driving and driving offense. Motorists refusing to take a breath test will be detained and brought to a hospital, where hospital staff may draw blood. Motorists refusing to take a breath test in New Jersey are subject to an MVC insurance surcharge of $1,000 a year for three years. The failure to pay this surcharge will result in an indefinite driver license suspension until the fee is paid. An April 2004 state law made the refusal to submit to a breath test equivalent to driving with a BAC of .08% or higher for a first offense. The current penalty for both is the loss of driving privileges for between seven months and one year, to run concurrently or consecutively based upon a judge’s order. INTOXICATED DRIVER RESOURCE CENTER (IDRC)State law requires that any motorist charged with an alcohol-related traffic offense must be detained at an IDRC. Each of New Jersey’s 21 counties has an IDRC. First and third-time offenders will be detained at a count IDRC. Second-time offenders will be detained at one of three regional IDRCs. During this period of detention all offenders must also attend an alcohol and highway safety education program. Each offender is carefully evaluated to determine if any alcohol or drug treatment is necessary. Those deemed to need treatment are referred to an appropriate provider for at least a 16-week treatment program. The satisfactory participation in a state-assigned program is a condition for re-licensing. Failure to comply will result in further loss of driving privileges and the possibility of imprisonment. IDRC FEES AND RELATED CHARGES
The NJ Department of Health and Senior Services, Division of Addiction Services, Intoxicated Driving Program, coordinates all IDRCs. THE POINT SYSTEM MVC keeps track of individual driving records through a point system that assigns points to each traffic violation, moving or otherwise. The more serious the violation, then the more points are added to a driver’s records. Two points will be added to driving records for offenses committed in states that belong to interstate Compacts to which New Jersey belongs to. Up to three points will be subtracted from driving records every 12 consecutive months a motorist is not convicted of an offense or suspended. A driver's point total can never go below zero. INTERSTATE COMPACTSNew Jersey belongs to two Interstate Compacts. Members exchange information among member states regarding traffic violations in other jurisdictions. The Nonresident Violator Compact ensures that nonresident motorists in member states receive the same treatment as resident motorists. Motorists receiving citations in member states must fulfill the terms of that citation or face a possible home-state license suspension. Nonresident drivers have due process protection and cannot be detained out of state. Currently, 44 states and the District of Columbia are members of this compact. Nonmember states include: Alaska, California, Michigan, Montana, Oregon, and Wisconsin. This compact does not apply to parking or standing violations, highways weight limit violations and violations of hazardous materials (HAZMAT) transportation laws. The Driver License Compact provides for the exchange of violation information among member states and the District of Columbia. Under this compact, out-of-state violations become part of the motorist’s driver record. Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are nonmember states. DRIVER PROGRAMSDRIVER IMPROVEMENT PROGRAMMotorists accumulating between 12 and 14 points within 24 months will receive a Notice of Scheduled Suspension by mail from the MVC. AFTER RECEIVING THE NOTICE, MOTORISTS CAN:
The Chief Administrator or an Administrative Law Judge will determine if driving privileges are suspended for motorists granted a hearing. There points will be removed from the driving record of a motorist completing a driving improvement class, which costs $100 to attend. DEFENSIVE DRIVING PROGRAMVOLUNTARY DEFENSIVE DRIVING PROGRAMS:
PROBATIONARY DRIVER PROGRAMMotorists begin a two-year probationary driver period after receiving a special learner or examination permit. During the probation period, motorists convicted of two or more moving violations totaling four or more points must enroll in the Probationary Driver School program. The attendance fee is $100. This program corrects improper or dangerous driving. Completion of this program results in a three-point reduction on a motorists driver history record. Failure to complete the program, or conviction of one or more subsequent moving violations during the test period, will result in a driving privilege suspension. DRIVER LICENSE RESTORATIONAfter a driver license is restored, or after completion of the MVC Driver Improvement Program or a Probationary Driver School Program, a motorist will be on probation for one year. Any traffic violation conviction during that probationary period will result in a proposed driver license suspension. The period of suspension depends on how soon the violation occurs after restoration. SURCHARGES AND POINT VIOLATIONSMotorists accumulating six or more points within three years are subject to a surcharge of $100 for six points and $25 for each additional point. Surcharges are levied in addition to any court-imposed fines and penalties. Surcharges remain operational if a motorist has six or more points resulting from violations posted in the preceding three years. Point totals are based on the date the violation was posted, not when the violation occurred. Point system reductions in the Driver Improvement Program, the Point System, and the Defensive Driving Program sections do not apply to the surcharge system. Motorists convicted or administratively suspended must pay a prescribed dollar amount each year for three years.
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