Chapter 7-Driver Privileges &

PenaltiesDriver’s Education

Mr. Vazquez

The Driving Privilege

• It is a privilege, NOT a right

• Certain violations will result in suspension of your license

• Suspensions depend on severity of violation and #of violations

• Habitual offenders have had their license suspended 3 times in 3 years

Suspensions• Suspensions may be decided on case by case basis

• Chief administrator of MVC or courts may suspend a driver’s license

• Other reasons include:

Failure to appear in court, to pay fines, to pay surcharges

Driving while suspended

Failure to provide proof of insurance

Physical or mental disqualification

Drug or alcohol use

Traffic Law Violations

At fault in fatal accident

Failure to respond to a MVC notice

DUI

• DUI-Driving Under the Influence

• Driver’s under the age of 21 found with a BAC will be penalized

• Driver’s 21 or older with a BAC of .08 or greater will be penalized

• Must be 21 or older to purchase, possess, & consume alcohol

• Underage drinking will result in a $500 fine, loss of license for 6 months, alcohol education program

DUI: First Offense/Bac .08 but less than .10

• 3 Month suspension

• $250-$400 fine

• 12-48 hour participation in an Intoxicated Driver Resource Center (IDRC)

• $230 fee per day for enrollment in IDRC

• 30 Days imprisonment

• $100 Drunk Driving Enforcement Fund Fee

• $100 Alcohol Education, Rehabilitation and Enforcement Fee

• $1,000 Annual surcharge for three years

• $75 Safe Neighborhood Fee

• Possible interlock device requirement for 6-12 months

First Offense/BAC .10 or more• Seven months to One Year Driver’s License Loss

• $300-$500 Fine

• 12-48 Hour participation in IDRC

• $230 per day IDRC fee

• 30 Days in prison

• $100 Drunk Driving Enforcement Fund Fee

• $100 Alcohol Education, Rehabilitation and Enforcement Fee

• $1,000 Annual surcharge for three years

• $75 Safe Neighborhood Fee

• Possible interlock device requirement for 6-12 months

Underage First Offense/BAC .01 or more but Less than .08

• 30-90 day suspension of driving privilege

• 15-30 days community service

• Mandatory participation in IDRC, Alcohol Education and Highway Safety Program as prescribed by MVC Chief Administrator

DUI 2nd Offense within 10 years

• 2 Years Loss of License

• $500-$1000 Fine

• $1,500 annual fee for 3 years

• $280 per day IDRC fee

• $100 Drunk Driving Enforcement Fund Fee

• $100 Alcohol Education, Rehabilitation and Enforcement Fee

• $75 Safe Neighborhood Fee

• 2-90 Days imprisonment

• 12-48 Hrs. of IDRC

• 30 days Community Service

DUI 3rd Offense within 10 Years of 2nd offense

• 10 Years loss of license

• $1000 Fine

• $1,500 annual surcharge for 3 years

• $280 per day fee for IDRC

• $100 Drunk Driving Enforcement Fund Fee

• $100 Alcohol Education, Rehabilitation and Enforcement Fee

• $75 Safe Neighborhood Fee

• 180 days imprisonment

• 12-48 hours of IDRC

• 90 Days Community Service-May reduce prison sentence

Drinking alcoholic beverages while driving or riding

• Loss of License-N/A

• $200 First Offense, $250 Second Offense

• First offense no community service, Second Offense 10 days of Community Service

Driving on DUI Suspension

• Additional 1-2 Years of License Suspension

• $500 fine, $250 per year addition to 3 years surcharge

• 10-90 days Imprisonment

Driving with No Insurance 1st Offense

• 1 year loss of license

• $300-$1000 fine

• $250 annual charge for 3 years

• Community Service determined by court

Driving with no Insurance 2nd Offense

• 2 years loss of license

• Up to a $5,000 fine

• $250 annual charge for 3 years

• 14 days imprisonment

• 30 days community service

Driving with Possession of Drugs

• 2 years loss of license

• Minimum $50 fine

• No imprisonment or community service

Breath Test

• NJ has implied consent law=You must take breath test

• Refusal will result in a $1,000 MVC insurance surcharge for 3 years

• Refusal to pay will result in an indefinite license suspension unit fee is paid

• Refusal will result in detainment and blood test at hospital

• Refusal is = to DUI first offense with a BAC of .10, Loss of License 7-12 months

Ignition Interlock Device

• A motorist who is convicted of a DUI offense must install in any vehicle owned, leased, or operated

• Device is a built-in Breathalyzer and prevents that vehicle from starting if the BAC is over .05

• Addition to any other penalties assigned to a DUI violation

Ignition Interlock Device

• First DUI offense with a BAC less than .15=Installation of ignition interlock device for six months to one year from the date of driving privilege restoration.

• First DUI offense with a BAC of .15 or higher or REFUSAL-Installation of device during suspension and for six months to one year from the date of driving privilege restoration.

• Second or Subsequent DUI or REFUSAL- Installation of device during suspension and for one to three years from date of driving privilege restoration

MVC will send notice explaining how to obtain the device, as well as a notice confirming the suspension.

Intoxicated Driver Resource Center

• State law requires that all motorists charged with an alcohol-related traffic offense must be detained at an IDRC

• Each county has a IDRC where first & third time offenders are detained

• Second time offenders are detained at a regional center

• During detention offenders attend alcohol and highway safety education courses

Intoxicated driver Resource Center

• Each center evaluates the individual and their need for possible treatment

• Those that need treatment will be referred to an appropriate program for 16 weeks

• Must complete for re-licensing

• Failure will result in imprisonment & loss of driving privileges

MVC POINT SYSTEM• MVC tracks a motorist’s driving record by adding points to a record

when a motor vehicle violation is committed

• The more serious the more points

• Two points will be added for violations in other states

• Up to 3 points subtracted every year for violation/suspension free driving

• Point Total will never be reduced below zero

Motor Vehicle ViolationsUnsafe Driving:

• Unsafe driving that endangers a person or property

• A fine no less than $50 & no more than $150 for 1st offense

• No less than $100 & no more than $250 for 2nd offense

• No less than $200 & no more than $500 for 3rd offense

• May be assessed Motor vehicle points if 2nd offense occurs within 5 years of 1st offense

• $250 court surcharge for each offense

Reckless Driving

• Driving recklessly in a manner that willfully endangers the rights, property, or safety of others

• Up to 60 days of imprisonment

• Fines not less than $50 & more than $200 or both on a 1st offense

• 5 points could be assessed

Abandoning a vehicle

• Motorists who abandon vehicles without permission for 4 hours or more

• A $100 fine & no more $500, with possible loss of driving privileges for 2 years

• Subsequent Violations=$500-$1,000 & loss of driving privileges for 5 years

Carrying alcoholic beverages

• Motorists who carry open or unsealed alcoholic beverage containers in passenger areas of motor vehicles

• $200 fine for first offense

• $250 or 10 Days of community service for all subsequent offenses

Ice & Snow

Failure to remove snow or ice from a vehicle that is in transit

• Private vehicles-$200-$1,000

• Commercial Vehicles- $500-$1,500

Highway Construction zones

• Speeding & other moving violations result in doubled fines

• Other offenses included are: Reckless Driving, Carless Driving, Speeding, Improper Passing, Tailgating, improper turns, failure to observe traffic lanes, failure to observe a traffic signal or sign, or failure to obey directions from an officer

65 mph speed zone• Speeding more than 10 mph over with result in double fines as

well as other moving violations

Violations Include:

• Racing on a highway

• Refusal to comply with an officer’s request

• Failure to obey traffic signs and signals

• Failure to comply with rules for passing another vehicle

• Failure to obey road markings

• Failure to observe distance between vehicles

• Carless Driving

Failure to Comply

• $50 Fine for not complying with an officer’s request to illuminate the driver’s compartment when directed to do so

• Overhead lamps should be turned on at night to illuminate

• Limit movements

Insurance Fraud

• Providing false information on insurance application forms or claims forms

• May receive either $5,000 fine, 3 years in prison, or both

• If a convicted fraud receives $500 or less the fine will be no more than $500 or 6 months in jail

• All convicted cases will result in a one year loss of license

Drug offense

• A NJ Driver’s Privilege will be suspended once convicted of an illegal drug charge in court

Hit & run

• A hit & run involving bodily injury or death will result in a fine from $2,500-$5,000 and/or 180 days in jail

• First Offense=1 year License Suspension

• Second Offense=Permanent Loss of License

Lying on an application

• Applications for licenses/registrations

• Fine of $200-$500 and/or 6 months of imprisonment

• License suspension from 6 months to 2 years

Forgery & Fraud

• Altering, forging, and/or possession with intent to distribute illegal NJ Driver’s License

• $150,000 Fine

• 10 Years in Prison

• License Suspension

Driving While Suspended

• 1st Offense- Fine of up to $500 and up to 6 months in additional license and/or registration suspension

• 2nd Offense-Fine of $750, jail sentence for not more than 5 days and up to six months additional license and/or registration suspension

• 3rd Offense- Fine of $1,000, a 10 day jail sentence and up to six months additional license and/or registration suspension

Additional Penalties for Driving while suspended

• Driving while suspended for failing to pay an insurance surcharge will result in a $3,000 additional fine

• Driving while a license/registration is suspended for failure to properly insure a vehicle will result in a fine of $500, an additional driver license suspension of one to two years and possible imprisonment up to 90 days

• While in suspension status if an accident occurs that’s causes injury to another person, a fine will accompany, continued suspension, and minimum 45 day jail sentence

Additional penalties cont.• Driving with suspension for drug and alcohol, refusal to take a breath

test, or if a habitual offender will result in fine of $500 and an additional suspension of 1-2 years and possible jail time of 10-90 days

• Driving while suspended due to DUI, refusal to submit chemical test, or for habitual offender, and driving on school property or within 1,000 feet of school property or through a school crossing zone will result in one to two years additional suspension time, a $500 fine and between 60-90 days in prison for 1st offense, 2nd offense 120-150 days, and 3rd offense 180 days

• Driving after failing to install interlock device results in an additional one year suspension and may include penalties as disorderly person

Other moving violations

• A motorist who refuses to submit a chemical test and driving on any school property or within 1,000 feet of school property or through a school crossing zone will receive a $600-$1,000 fine and 1-2 year driving suspension. 2nd offense is $1,000-$2,000 and driving suspension is 4 years. 3rd offense is $2,000 and a suspension of 20 years.

• A vehicle owner who knowingly allows another motorist, who is currently suspended for DUI or refusal, to operate their vehicle- A fine no more than $1,000, no more than 15 days in prison or both. An owner who commits this violation 3 or more times will have a 90 day suspension

Other violations con.• A motorist who lends a license to someone else-$200-$500 fine, jail time, and

suspension

• A motorist who has another person take the driving test- $200-$500 fine and/or 30-90 days prison time, driver’s license may be revoked

• Failure to appear in court=Suspended license until matter is resolved

• Failure to meet court ordered sentences=Court ordered license suspension

• Failure to pay a total of six month’s court ordered child support or provide health insurance. If a child-support warrant exists in the motorist name, a court ordered suspension can be issued

• A boater convicted of a DUI on NJ waterways will be suspended from both boating and all driver license privileges and be fined $250-$400 for the 1st offense, $500-$1,000 for the second offense, and $1,000 for the 3rd offense. Under the age of 17 will result in a postponement of 3 months, 6 months, and 2 years for 1st, 2nd, and 3rd offenses.

DUI with a passenger under 18• A motorist is charged a DUI

• They have a passenger under the age of 18

• Motorist will face disorderly persons offense

• Will receive suspension of driving privileges for no more than 6 months

• Perform up to 5 days of community service

Juvenile violations

• At least 13, but under the age of 18, he/she may have driving privileges suspended or postponed for a graffiti conviction

• Sets false alarms and is under 21, license will be suspended/postponed for 6 months. If under 17 years of age at time of conviction, driving privileges will be suspended immediately and until six months after the day the person reaches 17 years of age. Civil penalties will apply as well.

Driver Programs:Driver improvement program

• Motorists who accumulate between 12-14 points in a 24 month period will receive a Notice of Scheduled Suspension by mail from the MVC

• 3 options to choose from when notice is received:

• >Attend a NJ Driver Improvement Program

• >Request a hearing

• >Surrender your license for the suspension period

• For a hearing a MVC Chief Administrator or Law Judge will determine suspension status

• A motorist who completes the program will receive 3 points off of their point total

Driver Improvement Program Con.

• Drivers can only schedule their training with a licensed Statewide Safety Organization or a NJ Licensed Driving School that is licensed to conduct the program.

• A $75 administration fee must be paid to the MVC when using a private provider, plus an additional program fee

• After completion of the program the driver will be in a one year probationary period

• ^Any violation will result in a scheduled suspension of the motorist’s driving privileges

Defensive Driving Courses• These courses help prepare motorists with standard collision-preventing

techniques

• Upon completion two points will be removed from any accumulated points on record

• The motorist will qualify for an insurance rate reduction

• MVC will only recognize course once every five years for point deductions

• May also take course online as opposed to in an actual classroom

Probationary Driver Program

• A motorist begins a two-year probationary driver period after receiving a special learner or examination permit.

• If convicted of two or more moving violations totaling four or more points that driver must enroll in a probationary driver program which is administered by a licensed Statewide Safety Organization or NJ licensed Driving School licensed to conduct that program.

• Completion of the program will result in a 3 point deduction of points

• Any subsequent violations or failure to complete the program will result in suspension status

Mature Driving Program

• Various improvement courses are available at various driving schools or specific organizations

• I.E. AARP offers 55 Alive

• Eight hour course that helps refine existing skills and develop safe defensive skills

• In NJ completed courses may result in a insurance discount of a minimum of 5%

Motor Vehicle surcharges & point violations

• Motorists who accumulate six or more points within 3 years are subject to a surcharge of $150 for six points and $25 for each additional point.

• Surcharges are levied in addition to any court-imposed fines and penalties

• Surcharges will remain operational if a motorist has 6 or more points on his/her motorist record from violations posted in the preceding 3 years.

• Point totals are based on the date the violations are posted to motorist’s record, not when the violations occurred

Surcharges• Motorists must pay the following surcharges annual for 3 years

when convicted of the following violations:

• Unlicensed Driver-$100

• No Insurance(Moped)- $100

• Driving while suspended (Court or MVC)-$250

• No liability insurance on Motor Vehicle-$250

• DUI/Refusal-$1,000

• DUI-Refusal (3rd and subsequent violations)-$1,500

Moving Violation Point Chart

• Improper passing in a no pass zone-4

• Failure to pass right of vehicle proceeding in opposite direction-5

• Tailgating-5

• Reckless Driving-5

• Improper Passing on GSP, NJTP,ACEPW-4

• Racing on a highway-5

• Driving in a unsafe manner-4

• Exceeding speed limit 15 mph-29 mph=4

• Exceeding speed limit 30 mph-5

Moving Violation point chart con.

• Improper turn at traffic light-3

• Improper right or left turn-3

• Improper turn from an approved turning course-3

• Improper U-Turn-3

• Improper passing of a school bus-5

• Improper passing of a frozen dessert truck-4

• Leaving scene of an accident with personal injury-8

Interstate compacts

• NJ belongs to two interstate compacts= Non-Resident Violator & Driver License Compact

• Member states exchange information to ensure motorist compliance with the law and that they receive penalties for violations

Non-Resident Violator

• The non-resident violator compact assures that non-resident motorists in member states will receive the same treatment as resident motorists

• When a motorist receives a citation for a violation in a member state, they must fulfill the terms for that violation or face the possibility of a suspension of license in their home state

• Non-residents have due process protection and cannot be detained out of state

• 44 states participate include D.C.-Alaska, California, Michigan, Montana, Oregon, & Wisconsin

Driver License Compact

• Exchanges violation information with other states and Washington D.C.

• Out-of-state violations become part of a motorists NJ driving record

• Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin are non-members