heynow Posted September 29 Report Share Posted September 29 NEXT TIME YOUR FRIEND SAYS THEY CAN DRIVE.. TELL THEM ABOUT DUI SCHOOL ZONE ..60 DAYS IN JAIL FIRST OFFENSE!!!most of us when we are out have enough sense not to drive ..TAXI.. but the times when you drive the 5 mins home.. it seems like refusing to take the breath test is the best option..DUI in a school zone first time is 60 days in jail ..refusal to take the test ..no jail..this is the new laws in effect SEPT. 1 2004 from the DMV site Driving Under the Influence / Point SystemDriving under the influence of alcohol or drugs and the Point System in New JerseyDriving in New Jersey is a privilege you can enjoy as long as you drive safely. When you obey the rules and regulations, you are respecting your fellow drivers and you are properly using the roads that belong to everyone.On the other hand, if you violate New Jersey's driving laws, you will lose your driving privilege. New Jersey will also suspend that privilege if you've been convicted of a violation in another state that also would be grounds for suspension here. The violations become a permanent part of your driver history record.Driving under the influence of alcohol or drugs, or reckless driving are examples of some of the motor vehicle violations that can cost you your driving privilege. Because a suspension is a temporary removal of your driving privilege, it will take time and money to reinstate that privilege.This brochure presents facts about the penalties imposed when you drive under the influence of alcohol and other drugs in New Jersey.Points on your motor vehicle recordMotor Vehicle Commission (MVC) tracks your driving behavior by adding points to your record when you are convicted of a moving violation. The more serious the violation, the more points you are assessed. The point schedule shows a list of moving violations and their point values.Points-assessed violation noticesAfter two years, MVS will send advisory notices whenever points- assessed violations are added to your driving record and the point total is 6 to 11. License suspension noticeFor a total of 12 or more points on your driving record, MVS will issue a notice of scheduled suspension of your driving privilege.Point violations remain on your driver recordAll point violations earned since March 1, 1974 remain on your driver history record. However, this record differs from your current driver status that equals the point total minus the point credit reductions. How points are deductedYour point total will never go below zero. Up to three points will be subtracted from your point total one year after:your last point violation; or your license restoration; or your record was violation and suspension free for the past year; or the last time annual safe driving points were subtracted from your record (whichever is later); or when you complete an MVS driver improvement program offered to problem drivers selected by MVS. You can receive credit a maximum of once every two years. Up to two points may be subtracted from your point total after: you complete an MVS approved defensive driving course. Credit is given for one program every five years. NOTE: None of these point reductions apply to insurance surcharge point totals. Court imposed fines and penaltiesDriving under the infIuence of alcohol or drugs (DUI)First offense 6 months-1 year driving privilege suspension $250-$400 fine 12-48 hours resource center maximum 30 days imprisonment* Second offense 2 years driving privilege suspension $500-$1,000 fine 30 days community service 12-48 hours resource center 48-90 days imprisonment* Third offense 10 years driving privilege suspension $1,000 fine 90 days maximum community service 12-48 hours resource center 180 days imprisonment* DUI in school zone or school crossingFirst offense 12-24 months driving privilege suspension $500-$800 fine 60 days imprisonment* Second offense 48 months minimum driving privilege suspension $1,000-$2,000 fine 60 days community service 96 hours-180 days imprisonment* Third offense 20 years driving privilege suspension $2,000 fine 180 days imprisonment* Refusing the chemical testFirst offense 6 months driving privilege suspension $250-$500 fine 12 hours minimum resource center Second offense 2 years driving privilege suspension $250-$500 fine 12 hours minimum resource center Third and subsequent offenses 10 years driving privilege suspension $250-$500 fine 12 hours minimum resource centerRefusing chemical test in school zone or crossingFirst offense 1 year driving privilege suspension $500-$1,000 fine Second offense 4 years driving privilege suspension $500-$1,000 fine Third or subsequent offenses 20 years driving privilege suspension $500-$1,000 fine Third and subsequent offenses 20 years driving privilege suspension $500-$1000 fine UnderageFor persons under 21 (the legal age in NJ to purchase an alcoholic beverage) who consume an alcoholic beverage, then drive a vehicle when their blood alcohol concentration is 0.01% or more, but less than 0.10%, the penalties are:minimum 30-90 day driving privilege suspension if currently licensed; or 30-90 day prohibition from becoming a licensed driver at 17 years; and 15-30 days mandatory community service; and participation in an Intoxicated Driver Resource Center or other alcohol education and highway safety program OR a combination of the minimum sentences above and DUI sentences (see schedule) maximum DUI sentences (see schedule). If the blood alcohol concentration is 0.10% or higher, underage persons will receive DUI sentences as noted. Interlock device requirementsThe courts may require first and repeat DUI offenders to use ignition interlock devices. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver's blood alcohol content exceeds 0.05 percent.First offense, court may impose: 6 months-1 year installation of interlock device after restoration of driving privilege Second offense 1-3 years installation of interlock device after restoration of driving privilege; or 2 years suspension of registration privileges Third offense 1-3 years installation of interlock device after restoration of driving privilege; or 10 years suspension of registration privilege *Driving privilege suspension to commence on completion of prison sentences. Conviction surchargesIn addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three-year period. an insurance surcharge of $1,500 a year for three years ($4,500) for a third offense within a three-year period. a single $100 DUI enforcement surcharge that must be paid to the court with the required fine upon conviction. The surcharges will be imposed on a New Jersey or an out-of-state conviction.Failure to pay the surcharge will result in indefinite suspension of all driving privileges and the filing of a judgment against any personal property.BoatersBoaters convicted of driving under the influence (DUI) on New Jersey’s waterways will be suspended from both boating and all driving privileges. Violators under 17 will have their vehicle and MOPED driving privileges delayed for a term equal to the suspension period.No conditional or special work licensesNew Jersey does not have conditional or special work licenses. If you do not have a valid license, or if your driving privilege is suspended for drunk driving or any other violation, you cannot drive for any reason until your privilege is restored.Insurance surcharge — point violationsMotorists who incur six or more motor vehicle points are also subject to an insurance surcharge of $100 for six points and $25 for each additional point. The point surcharge will remain operational as long as a motorist has six or more points on his record for the immediate past three-year period. MVS will suspend all driving privileges indefinitely and take judgment action if the surcharge is not paid. Other surchargeable violations are:driving while unlicensed $100 driving while suspended $250 failing to insure a MOPED $100 operating an uninsured vehicle $250 Quote Link to comment Share on other sites More sharing options...
imnutss Posted September 29 Report Share Posted September 29 thats why there is SYN3, avoid all the hassels Quote Link to comment Share on other sites More sharing options...
Timmmaaayyyy Posted September 29 Report Share Posted September 29 Timmmaaayyyy! Quote Link to comment Share on other sites More sharing options...
heynow Posted September 29 Author Report Share Posted September 29 http://njlawman.com/Articles/Article%2015.htmTHOUSANDS OF DWI CASES HINGEON SALEM COUNTY CASE OVER BREATHALYZER CARDNJLawman.comTuesday, September 28, 2004 12:00 a.m.SALEM COUNTY - This could be a big mess.In March of this year, New Jersey State Trooper Roger J. Markert arrested and charged a gentleman with DWI. Eventually, the case went to court in Carneys Point Township which was the municipality where the arrest took place. The defendant's attorney argued that the breathalyzer readings should be thrown out because Trooper Markert's breathalyzer card was not valid.The trooper had received all the proper training, and the card had not expired. The issue was over the authorizing signature on the card.The defense argued that according to the New Jersey Administrative Code, a provision requires the card to have the signature of the attorney general and the superintendent of state police. Trooper Markert's card did not have both signatures. The signature that was on the card was that of a superintendent who had left the New Jersey State Police several months earlier. Furthermore, there was no permanent superintendent at the time the trooper received his most recent breathalyzer recertification.The municipal court judge held that the trooper's card "is defective on its face as it is signed by a person who had left the position of superintendent two months before the card was issued." Ultimately, he suppressed the card which, in turn, nullified the breathalyzer readings.However, the case was put on hold as it is being appealed to the Salem County Superior Court. It will be handled personally by an assistant prosecutor with the Salem County Prosecutor's Office.It is estimated that there are thousands of breathalyzer cards for officers all over the state which would not stand up to this judge's test. If the Superior Court upholds this case, the ramifications would be limitless. It is also expected that this case will reach the New Jersey Supreme Court, either way.NJLawman.comTuesday, September 28, 2004 12:00 a.m. Quote Link to comment Share on other sites More sharing options...
osb Posted September 29 Report Share Posted September 29 just remember you can still be convicted of DWI WITHOUT a breath test basd on obesrvation and testimony of the officer....... what this means is you face additional suspension/fines for the refusal as well as the DWI. Refusing does not mean you caqn not be convicted of DWI. Lawyers, please weigh in Quote Link to comment Share on other sites More sharing options...
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