Driver's Ed Chapter 7

DUI Convictions: If the individual is...

1. Is at least 13 years old but under 18 years of age, he/she may have driving privileges suspended or postponed for a graffiti conviction. 2. Sets false alarms and is under 21 years of age, moped or other motor vehicle privileges will be suspended or postponed for 6 months. 3. If under 17 years of age at the time of conviction, driving privileges will be suspended immediately and until 6 months after the person reaches 17 years of age.

Failure to observe a traffic signal

2 points

failure to yield to a pedestrian in a crosswalk

2 points

speeding 1-14mph over the limit

2 points

Underage first offense/BAC of .01% or more but less than .08%

30-90 day suspension of driving privilege (on the day motorist becomes eligible to obtain a license or on the day of conviction, whichever is later) 15-30 days community service Participated in an Intoxicated Driver Resource Center (IDRC) or alcohol education and highway safety program, as prescribed by the Motor Chief Administrator

speeding 15-29 mph over the limit

4 points

Racing on the highway

5 points

reckless driving

5 points

First offense/BAC .10% or more

7 month to 1 year suspension of driving privilege $300 to $500 fine 12-48 hour participation in an Intoxicated Driver Resource Center (IDRC) $230 per day IDRC fee Up to 30 days imprisonment $100 Drunk Driving Enforcement Fund fee $100 Alcohol Education, Rehabilitation and Enforcement Fund fee $1000 annual surcharge for 3 years $75 Safe Neighborhood Services Fund fee Possible interlock device requirement for 6 months to 1 year

Probationary Driver Program:

A motorist begins a two year probationary driver program after receiving a special learner or examination permit. During this probationary period, a motorist convicted of two or more moving violations totaling four or more points must enroll in the Probationary Driver Program, which is administered by the MVC. The attendance fee is $150 for this program, which corrects improper or dangerous driving habits. Completion of this program will result in a 3 point reduction on an individual motorist's history record. Failure to complete the program or conviction of one or more subsequent moving violations during the test period will result in a suspension of driving privileges.

DUI Convictions

A motorist caught with a passenger under 18 years of age at the time of the violation will... 1. Face a disorderly persons offense 2. Suspension of driving privileges for not more than 6 month 3. Perform up to 5 days of community service

Ignition Interlock Device:

A motorist who is convicted of a DUI offense must install an ignition interlock device in any motor vehicle they own, lease, or operate during and after the entire period for which their driving privilege is suspended. The device is attached to the vehicle with a built-in breathalyzer and prevents the vehicle from starting if the motorist's BAC exceeds .05 percent. The interlock requirement is in addition to any other penalty required under the state's drunk driving statute.

Driving Under the Influence (DUI)

Drivers under age 21 found with a BAC at .01 percent or more while operating a vehicle will be penalized. The current BAC for drivers age 21 and older is .08 percent. If a driver under age 21 buys or drinks alcohol in place with an alcoholic beverage license, he/she may be fined $500 and lose his/her license for six months. If a person under age 21 does not have a driver license, the suspension starts when he/she is first eligible to receive a license. Also, the person may be required to participate in an alcoholic education or treatment program.

The Driving Privilege

Driving is a privilege, not a right. State law allows or requires an individual's driving privilege to be suspended for certain motor vehicle violations, which means the driver license will be taken away and the motorist may not drive for a stated period of time. The length of suspension time depends on the law that is broken and how many convictions a motorist receives.

Reasons for Loss of Driving Privileges

Failure to appear in court or to pay fines Failure to pay motor vehicle surcharges Driving while suspended Failure to provide proof of insurance Physical or mental disqualification Drug or alcohol use Traffic law violations At fault in a fatal accident Failure to respond to an MVC notice

Ignition Interlock Device pt2

First DUI offense with BAC of less than .05% = Installation of ignition interlock device for 6 months to 1 year from the date of driving privilege restoration (judge's discretion) First DUI offense with BAC of 0.15% of higher or Refusal to submit to Breath Test offense = Installation of ignition interlock device during suspension and for six months to one year from the date of driving privilege restoration. Second or Subsequent DUI or Refusal to Breath Test Offense = Installation of ignition interlock device during suspension and for 1 to 3 years from the date of driving privilege restoration

Driving while Suspended: driving while a driver license and/or registration is suspended can result in the following penalties... FIRST OFFENSE

First offense fine of $500 and up to 6 months additional license and/or license registration suspension

Motor Vehicle Surcharges and Point Violations

Motorists who accumulate 6 or more points within 3 years are subject to a surcharge of $150 for 6 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 resulting from violations posted in the preceding 3 years.

Driver Improvement Program

Motorists who accumulate between 12 and 14 points in a 24 month period will receive a Notice of Scheduled Suspension by mail from the MVC. Upon receiving the notice, a motorist can do one of the following: 1. Attend a New Jersey Driver Improvement Program 2. Request a hearing 3. Surrender his/her driver license for the suspension period

Interstate Compacts

New Jersey belongs to two interstate compacts. Member states exchange information to ensure motorist compliance with the law and that they receive penalties for violations. The Non-Resident Violator Compact assures that non-resident motorists in member states will receive the state treatment as resident motorists. When motorists receive traffic citations in member states, they must fulfill the terms of that citation or face the possibility of license suspension in their home state until they meet those terms.

Implied Consent

New Jersey has an implied consent law. This means that motorists on NJ roadways have agreed, simply by using the NJ roadways, to a breath test given by law enforcement or hospital staff following an arrest for a drinking and driving offense.

Driving while Suspended: driving while a driver license and/or registration is suspended can result in the following penalties... SECOND OFFENSE

Second offense fine of $750, jail sentence for not more than 5 days and up to 6 months additional license and registration suspension

Intoxicated Driver Resource Center:

State law requires that any motorist charged with an alcohol-related traffic offense must be detained at an IDRC. During detention, all offenders attend an alcohol and highway safety education program. The center evaluates each offender for an alcohol or drug problem and determines the need for treatment. Those deemed in need of treatment are referred to an appropriate provider for at least a 16 week treatment program.

Driver Improvement Program pt2

The MVC Chief Administrator or an administrative law judge will determine if driving privileges should be suspended for a motorist is granted a hearing. A motorist who successfully completes a Driver Improvement Program will have 3 points removed from his/her record. The class fee is $150. After completion of the course, the driver has a probationary period for 1 year. Any violations that occur during this probationary period will result in a scheduled suspension of the motorist's driving privileges.

Point System

The MVC keeps track of a motorist's driving record by adding points to the record when the motorist is convicted of a moving violation. The more serious the violation, the more points the motorist is given. Up to 3 points will subtracted from a motorist's point total for every year that the motorist goes without a violation or suspension, but the point total will never be reduced below zero Traffic laws are enforceable on highways, roadways, parking areas, driveways, and ground owned and maintained by government entities.

Defensive Driving Courses

These voluntary courses provide a motorist with standard collision-prevention techniques. If the course is completed: 1. 2 points will be removed from the accumulated points currently on a driver license. 2. the motorist may qualify for an insurance rate reduction. 3. MVC will recognize a defensive driving course once every 5 years for point reduction.

Driving while Suspended: driving while a driver license and/or registration is suspended can result in the following penalties... THIRD OFFENSE

Third offense fine of $1000, a 10 day jail sentence and up to 6 months additional license and registration suspension

Mandatory Penalties: First Offense/BAC .08% or more but less than .10%

Three month suspension of driving privilege $250 to $400 fine 12 to 48 hour in an Intoxicated Driver Resource Center (IDRC) Up to 30 days imprisonment $100 Drunk Driving Enforcement Fund fee $100 Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee $1000 annual surcharge fee for 3 years $75 Safe Neighborhood Services Fund fee Possible interlock device requirement for 6 months to 1 year

Motor Vehicle Violations

Unsafe driving Reckless driving Abandoning a vehicle Carrying alcoholic beverages Ice and snow Highway construction zones 65 MPH zones Failure to comply-$50 Insurance fraud Drug offense Hit and run Lying on application Forgery and fraud-$150,000 fine and 10 years in prison Driving while suspended

Can you refuse a Breath Test?

YES but... Motorists who refuse a breath test will be detained and brought to a hospital, where hospital staff may draw blood Motorists who refuse to take a breath test in NJ are subject to an MVC insurance surcharge of $1000 per year for 3 years. Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid. Refusing to take a breath test is equal to driving with a BAC of .10 percent for a first offense. The current penalty for refusal is loss of driving privileges for between 7 months to 1 year, to run concurrently or consecutively based upon judge's order.