Drivers Ed
One equal drinks
12 ounces of bear = 5 ounces of wine = 1.5 ounces of hard core liqour shots
Penalties
1Underage drinking may cause a six-month delay to get a license. 2Intoxicated Driver Resource Center. 3Driving under the influence (DUI). Alcohol- and drug-related offenses require completion of an alcohol screening and evaluation program. 4Also suspends registrations for the same period.
Interstate Compacts
2 interstate compacts: to ensure motorists compliance with the law and that they recieve penalties for violations: The Non-resident Violator Compact assures that non-resident motorists in member states will receive the same 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. Currently, 44 states and the District of Columbia are members of the compact. Alaska, California, Michigan, Montana, Oregon and Wisconsin are non-members. The compact does not apply to parking or standing violations, highway weight limit violations and violations of hazmat transportation laws The Driver License Compact exchanges violation information with other states and the District of Columbia. Out-of-state violations become part of a motorist's New Jersey driving record. Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are non-member states
Probationary Driver Program
A motorist begins a two-year probationary driver period 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 three-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.
Driving under the influence (DUI) convictions
A motorist caught with a passenger under 18 years of age at the time of the violation will face a disorderly persons offense, will receive suspension of driving privileges for not more than six months and will perform up to five 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. This 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. • First DUI offense with BAC of less than 0.15%: Installation of ignition interlock device for six months to one year from the date of driving privilege restoration (judge's discretion) • First DUI offense with BAC of 0.15% or 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 one to three years from the date of driving privilege restoration
Effects of Alcohol
After 2 or 3 or 4 drinks, alcohol begins to impair reaction time, coordination and balance. (Vision and the ability to judge distance is affected making it directed to react and drive safely) Only thing that can make a person sober is time.
Drugs and Driving
After alcohol, marijuana is found as the drug most involved in collisions. Marijuana can affect the motorist in the following ways: • Loss of tracking ability: This is the ability to maintain a vehicle in a given line. • Distance judgment: Following too closely can cause problems. • Vigilance: Not remaining attentive to the driving task can cause a motorist to follow too closely, drift into another lane, etc. • Divided attention: Driving is a task that requires constant attention to traffic, roadway and weather conditions, passengers, gauges, etc.
Intoxicated Driver Resource Center
Any alcohol related offense: 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. 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.
How much is too much
BAC is determined by: 1) Quantity of alcohol consumed 2) Body weight 3) How quickly drinks were consumed 4) Food eaten
Mature Driver Program
Driver improvement courses are available to mature drivers at various driving schools or through specific organizations. For example, the American Association of Retired Persons (AARP) offers 55 Alive, a motorist improvement course that is specially designed for motorists age 50 and older. The eight-hour course helps motorists refine existing skills and develop safe defensive driving techniques. An added bonus is that in New Jersey, the course may qualify motorists who successfully complete the course to a minimum five percent vehicle insurance discount.
The Driving Privilege
Drivers License can be suspended if they don't 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 recieves. License restoration depends on the type of offenses and the number of convictions. A hibitual offender is a motorist whose drivers license has been suspended 3 times in 3 years.
DUI
Drivers under age 21 found with a .01 % BAC or more while driving will be penalized. The current BAC for drivers 21 or older is .08% BAC. A person who wants to purchase alcoholic beverages must be 21 or older. If a driver under age 21 buys or drinks alcohol in a 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 berequired to participate in an alcohol education or treatment program.
Chart
Driving Offense Conviction Alcohol or drug related (DUI) first offense second offense (same) that occurs 10 years within 1st third offense (same) that occurs 10 years within 2nd Drinking alcoholic beverages while driving or riding Loss of License 1: 3 months to a year 2 years 10 years N/A Fines, Fees, Surcharges $250-$500 fine; $1,000 a yr for 3 yrs surcharge; $230 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund $100 AERF $500-$1,000 fine $1,000 a yr for 3 yrs surcharge; $280 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund $100 AERF $1,000 fine $1,500 a yr for 3 yrs surcharge; $280 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund $100 AERF $200 fine, first offense $250 fine, second offense Imprisonment up to 30 days 48 hours - 90 days 180 days N/A Community Service (CS), idrc2 or detainment 12-48 IDRC 12-48 hours IDRC; 30 days CS 12-48 hrs IDRC Up to 90 days CS, which can reduce a period of imprisonment N/A
Additional Penalties for driving while suspended
Driving while suspended for failing to pay an insurance surcharge will result in an additional $3,000 fine, plus the fines and penalties listed above Driving while a license and/or registration is suspended and having a collision that causes injury to another person will result in a fine, continued suspension and the potential for a minimum 45-day jail sentence Driving while a license and/or registration is suspended for a drug or alcohol offense, refusal to take a breath test or if the motorist is a habitual offender, will result in a fine of $500 and an additional license suspension of one to two years and/or possible court-ordered imprisonment for 10 to 90 days refusal to submit to a chemical test or for a habitual offender offense, 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 to 90 days imprisonment for a first offense. For second and third offenses, the suspension and fines remain the same, but the imprisonment term is increased to 120 to 150 days and 180 days • Driving after failing to install an interlock device, as ordered by the court, results in a one-year suspension, in addition to any other suspensions already imposed, and may include penalties as a disorderly person
Reasons for loss of drivers license
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
Moving Violation Point Chart (Continuation)
Failure to stop for a traffic light 2 Improper turn at a traffic light 3 Failure to stop at a flashing red signal 2 Failure to stop for a police whistle 2 Improper right or left turn 3 Improper turn from an approved turning course 3 Improper U-turn 3 Failure to give proper signal 2 Improper backing or turning in street 2 Improper crossing of a railroad grade crossing 2 Improper crossing of a bridge 2 Improper crossing of a railroad grade crossing by certain vehicles 2 Improper passing of a school bus 5 Improper passing of a frozen dessert truck 4 Leaving the scene of an accident: - No personal injury 2 - Personal injury 8 Failure to observe Stop or Yield signs 2 Moving violation out of state 2
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 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 (AERF) fee • $1,000 annual surcharge for three years • $75 Safe Neighborhood Services Fund fee • Possible interlock device requirement for six months to one year
What is illegal
For an individual who is 21 or older to drive with a BAC of .08 percent or higher. Individuals 21 or younger, it is illegal to drive with a BAC of .01 or higher. If a motorist reached a BAC of slightly above .05 after drinking, the risk of causing an accident is doubled. BAC of .10 is 6X greater. BAC of .15 is X25 greater.
More Violations
Forgery and Fraud: Altering, forging and/or possession with intent to distribute a facsimile of a N.J. driver license is illegal and will result in up to a $150,000 fine, up to 10 years in prison and a driver license suspension Driving while suspended: - First offense: Fine of $500 and up to six months additional license and or registration suspension - Second offense: Fine of $750, jail sentence for not more than five days and up to six months additional license and/or registration suspension - Third offense: Fine of $1,000, a 10-day jail sentence and up to six months additional license and/or registration suspension
Healthy Driving
Health - Any health problem can affect a motorist's driving. If a motorist isn't feeling well another person should drive even if it's a stiff neck, cough, headache etc. State Law permits the MVC to retest 10 percent of the driving population each year. Eyes tested every 1 or 2 years. Motorists over 40 should have their eyes checked every year. Good side vision helps a motorist see out of the corners of their eyes while looking straight ahead. Distance judgement is also an important component to driving; should know distance from any object while driving. Hearing - It can warn a motorist of danger. A motorist should always keep the radio turned down and never wear earphones. It can warn the motorist of nearby accidents or horns or sirens etc.
More Violations
Highway Construction Zones: Speeding or other moving violations in areas undergoing highway construction mean doubled fines. Some offenses include reckless driving, careless driving, speeding, improper passing, tailgating, improper turns, failure to observe traffic lanes, failure to observe a traffic signal or sign and failure to obey directions of an officer 65 mph zone: Speeding 10 mph or more above the posted speed limit or other certain moving violations in a 65-mph speed zone means doubled fines. Some offenses include racing on a public highway, refusal to comply with an officer's request, or failure to obey traffic signs or signals, failure to comply with rules for passing another vehicle, failure to obey road markings, failure to observe distance between vehicles and careless driving Failure to comply: Motorists face a $50 fine if they fail to comply with a police officer's request to illuminate the driver's compartment of the vehicle when stopped Insurance Fraud: Motorists convicted of fraud on insurance applications and claims forms may receive fines of up to $5,000, or imprisonment for up to three years, or both. In the event the motorist fraudulently receives $500 or less, they may be fined up to $500 and/or imprisoned for not more than six months as a disorderly person. In addition, a person convicted of an automobile insurance crime will lose his/her driver license for one year Drug offense: A New Jersey motorist's driving privileges will be suspended after they are convicted of drug offenses in any federal or state court. Hit-and-run: results in a fine of $2,500 to $5,000 and/or 180 days in jail for the motorist. In addition, for a first offense, the motorist loses his/her license for one year. For subsequent offense, the motorist permanently loses his/her license Lying on application: Lying when applying for a license or registration will result in a fine of not less than $200 or more than $500 and/or up to six months imprisonment. A motorist will also lose his/her driver license privileges for six months to two years
Good hosts and the drinking Driver
If a host at a party, provide a variety of non-alcoholic drinks as well as nutricious snacks and food. If someone drinks to much do not let them drive; don't keep insisting on drinking more; notify the police as well. Hosts may be involved in a lawsuit if a guest is involved in a drinking and driving collision after leaving the party.
More Violations
If motorists refuse to take a chemical test if driving on school property: Motorist will receive for a first offense a $600 to $1,000 fine and a one- two-year driving privilege suspension; for second offenses the fine is $1,000 to $2,000 and the driving privilege will be suspended for four years. For a third offense, the fine is $2,000 and the driving privilege is suspended for 20 years A vehicle owner who knowingly allows another motorist, who is currently suspended for driving while intoxicated or suspended for refusal to submit to a chemical test, to operate his or her vehicle. The result is a fine of no more than $1,000, imprisonment for no more than 15 days or both. A vehicle owner who violates this law on three or more occasions would also be subject to a 90-day driver's license suspension. A motorist who loans a license to another motorist. He/she may be fined $200 to $500, face jail time and face a suspension of license A motorist who has another person take the driving test. Motorist may be fined $200 to $500 and/or imprisonment from 30 to 90 days. The driver license may also be revoked Failure to appear at any scheduled court proceeding when charged with a nonindictable criminal offense, an ordinance violation or a motor vehicle offense. It will result in a court-ordered driver license suspension until the pending matter is settled Failure to meet the conditions of a sentence imposed (such as to pay a fine, make restitution or perform community service). It will result in a court-ordered driver license suspension Failure to pay a total of six months' court-ordered child support or provide health insurance. If a child support-related warrant exists in the motorists name, the courts can order basic and commercial driver licenses and professional occupational licenses to be suspended until payments are made A boater convicted of driving under the influence (DUI) on New Jersey's waterways will be suspended from both boating and all driver license privileges and be fined $250 to $400 for the first offense, $500 to $1,000 for the second offense and $1,000 for the third offense. Violators under 17 years of age will have their vehicle and moped license privileges delayed for three months, six months and two years for first, second and third offenses
Moving Violation Point Chart (Continued)
Improper operating of a vehicle on a divided highway or divider 2 Failure to keep right at an intersection 2 Failure to pass right of vehicle proceeding in opposite direction 5 Improper passing on right or off roadway 4 Wrong way on a one-way street 2 Improper passing in a no passing zone 4 Failure to yield to an overtaking vehicle 2 Failure to observe traffic lanes 2 Tailgating 5 Failure to yield at an intersection 2 Failure to use proper entrances to limited access highways 2 Failure to yield to emergency vehicles 2 Reckless driving 5 Careless driving 2 Destruction of agricultural or recreational property 2 Slow speed blocking traffic 2 Driving in an unsafe manner (points only assessed for the third or subsequent violation(s) within a five year period) 4 Exceeding maximum speed 1-14 mph over the limit 2 Exceeding maximum speed 15-29 mph over the limit 4 Exceeding maximum speed 30 mph or more over the limit 5
Way s to pay motor vehicle bills
Mail payment to NJ-MVVS, P.O. Box 4850, Trenton, NJ 08650-4850. • Pay online at www.njmvc.gov • Use charge-by-phone: call toll free (888) 651-9999 • Visit an MVC Regional Service Center or select agencies in person. Restoration fees may also be paid when making a motor vehicle surcharge payment using the charge-by-phone. Failure to pay any motor vehicle surcharges will result in the indefinite suspension of all driving privileges. The MVC may file a judgment action in the state Superior Court for unpaid surcharges, secure a lien against any real property that a motorist owns, file for a garnishment of wages or take other similar actions. Motor vehicle convictions may increase automobile insurance premiums assessed by a motorist's insurance company.
Defensive Driving Courses
Most road collisions are caused by motorist error. To reduce the likelihood of being involved in a collision, a motorist needs to understand the concept of defensive driving. These voluntary courses provide a motorist with standard collisionpreventing techniques. Upon completion of the defensive driving course: • Two points will be removed from the accumulated points currently on a driver license • The motorist may qualify for an insurance rate reduction. Contact an insurance agent for more information. • The MVC will only recognize a defensive driving course once every five years for point reduction
Designated Drivers
The designated driver is responsible for the safe transportation of friends or family members who have been drinking alcoholic beverages.
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: • Attend a New Jersey Driver Improvement Program • Request a hearing • Surrender his/her driver license for the suspension period A motorist who successfully completes a Driver Improvement Program will have three points removed from their record. Class fee is $150 After completion of a Driver Improvement Program or after restoration of a motorist's driving privilege, they will be in a probationary period for one year. Any violations that occur during this probationary period will result in a scheduled suspension of the motorist's driving privileges.
Motor Vehicle Surcharges and Point Violations
Motorists who accumulate six or more points within three 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 six or more points on his/her motorist record resulting from violations posted in the preceding three years. Point totals are based on the date the violations are posted to a motorist's record, not when the violations occurred
Moving Violation Point Chart
Moving against traffic: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2 Improper passing: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 4 Unlawful use of median strip: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2 Operating a constructor vehicle in excess of 45 mph 3 Operating a motorized bicycle on a restricted highway 2 More than one person on a motorized bicycle 2 Failure to yield to a pedestrian in a crosswalk 2 Failure to stop for pedestrian in crosswalk; passing a vehicle yielding to a pedestrian in a crosswalk 2 Driving through a safety zone 2 Racing on highway 5 Improper action or omission on grades and curves 2 Failure to observe a direction of an officer 2 Failure to stop a vehicle before crossing a sidewalk 2 Failure to yield to pedestrians or vehicles while entering or leaving a highway 2 Operating a motor vehicle on public or private property to avoid a traffic control signal or sign 2 Operating a motor vehicle on a sidewalk 2 Failure to obey a direction of an officer 2 Failure to observe traffic signals 2 Failure to keep right 2
Breath Test
New Jersey has an implied consent law. This means that motorists 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 drinking-and-driving offense. Motorists who refuse to take 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 New Jersey are subject to an MVC insurance surcharge of $1,000 per year for three years. Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid. Under state law, refusal 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 the loss of driving privileges for between seven months and one year, to run concurrently or consecutively, based upon a judge's order.
Underage first offense/BAC .01% or more but less than .08%
Penalties: • 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 to 30 days community service • Participation in an Intoxicated Driver Resource Center (IDRC) or alcohol education and highway safety program, as prescribed by the MVC
First offense/BAC .10% or more
Penalties: • Seven-month to one-year suspension of driving privilege • $300 to $500 fine • 12- to 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 • $1,000 annual surcharge for three years • $75 Safe Neighborhood Services Fund fee • Possible interlock device requirement for six months to one year
Point Reduction
Point system reductions in the Driver Improvement Program, the Point System and Defensive Driving Program sections do not apply to the motor vehicle surcharge system. Convicted or administratively suspended motorists must pay a prescribed dollar amount each year for three years. Violation Surcharge Unlicensed driver $100 No insurance - moped $100 Driving while suspended $250 No liability insurance on motor vehicle $250 DUI/Refusal $1,000 DUI/Refusal $1,500
How is alcohol removed
Slowly, alcohol is removed from the body.The majority (90 percent) of the alcohol detoxified is oxidized (burned up) by the liver. The other 10 percent is eliminated in breath, urine and sweat. This fact is the prime reason why sober-up-quick methods do not work.
Drinking and Driving. Things that make a police officer think you have been drinking and driving
Speeding - thinks speeding is safe Weaving - driving straight would be a problem to them Slow driving - overly cautious and drive slower than regular speed limit Jerking motion - may have short mental lapses & not keep a steady speed on a clear road Quick stops - sudden stops at a traffic sign
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 three points will be 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
DUI penalties
The courts may require DUI offenders to use ignition interlock devices on their motor vehicles. An interlock device is attached to a motor vehicle to prevent it from being started when the alcohol level of the motorist's breath exceeds a predetermined amount. The interlock requirement is in addition to any other penalty required under the state's drunk driving statute. Installation is for six months to three years, beginning when the motorist's driver license has been restored following suspension
State Law
Under state law, refusal to take a breath test is equal to driving with a BAC of .10 percent for a first offense. The current penalty for both is the loss of driving privileges for seven months to one year, to run concurrently or consecutively, based upon a judge's order (N.J.S.A. 39:4-50.4a). Motorists who refuse to take a breath test in New Jersey are also subject to an MVC insurance surcharge of $1,000 per year for three years (N.J.S.A. 17:29A-35). Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid.
Motor Vehicle Violations
Unsafe Driving: requires payment of a fine of not less than $50 or more than $150 for a first offense; not less than $100 or more than $250 for a second offense; and not less than $200 or more than $500 for a third offense. Motorist may be assessed motor vehicle penalty points if the offense occurs within five years of the prior offense. There is also a $250 court surcharge for each offense Reckless Driving: Points are assessed along with the punishment of imprisonment of up to 60 days, or by a fine of not less than $50 or more than $200, or both for a first offense Abandoning A Vehicle: Motorists who abandon their motor vehicles on or along limited-access highways for four hours or more without permission are subject to a fine of not less than $100 or more than $500 and possible loss of driving privileges for up to two years. For subsequent violations the fine is not less than $500 or more than $1,000, and the suspension is up to five years. The same penalties apply when owners abandon their vehicles on any highway or public property without consent for 48 hours or more and when owners abandon their vehicles for any period without current license plates Carrying Alcoholic Beverages: Motorists who carry open or unsealed alcoholic beverage containers in passenger areas of motor vehicles are subject to a fine of $200 for a first offense and $250 or 10 days of community service for all offenses Ice and Snow: Motorists of private vehicles face fines of $200 to $1,000 for each time ice flies from their vehicles and causes death, injury or property damage. Fines for commercial owners and operators range from $500 to $1,500
If an individual
• 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 • Sets false alarms and is under 21 years of age, moped or other motor vehicle privileges will be suspended or postponed for six months. If under 17 years of age at the time of conviction, driving privileges will be suspended immediately and until six months after the day the person reaches 17 years of age. Additionally, the courts may apply civil penalties