New Jersey Criminal Defense Attorney Blog

Under NJSA 39:3-10, all motorists on any New Jersey road or highway must be properly licensed to drive. The penalties for violating this statute are severe, and include a fine of up to $500, a six-month driver's license suspension, and the possibility of jail. The Law Office of Anthony J. Vecchio, LLC routinely defends those accused of driving without a license in Monmouth, Ocean, Middlesex, and Mercer counties.

NJSA 39:3-10 provides:

No person shall drive a motor vehicle on a public highway in this State unless the person is under supervision while participating in a behind-the-wheel driving course pursuant to section 6 of P.L.1977, c.25 (C.39:3-13.2a) or is in possession of a validated permit, or a provisional or basic driver's license issued to him in accordance with this article.

No person under 18 years of age shall be issued a basic license to drive motor vehicles, nor shall a person be issued a validated permit, including a validated examination permit, until he has passed a satisfactory examination and other requirements as to his ability as an operator. The examination shall include a test of the applicant's vision, his ability to understand traffic control devices, his knowledge of safe driving practices and of the effects that ingestion of alcohol or drugs has on a person's ability to operate a motor vehicle, his knowledge of such portions of the mechanism of motor vehicles as is necessary to insure the safe operation of a vehicle of the kind or kinds indicated by the applicant and of the laws and ordinary usages of the road. No person shall sit for an examination for any permit without exhibiting photo identification deemed acceptable by the commission, unless that person is a high school student participating in a course of driving education approved by the State Department of Education and conducted in a public, parochial or private school of this State, pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1). The commission may waive the written law knowledge examination for any person 18 years of age or older possessing a valid driver's license issued by any other state, the District of Columbia or the United States Territories of American Samoa, Guam, Puerto Rico or the Virgin Islands. The commission shall be required to provide that person with a booklet that highlights those motor vehicle laws unique to New Jersey. A road test shall be required for a provisional license and serve as a demonstration of the applicant's ability to operate a vehicle of the class designated. No person shall sit for a road test unless that person exhibits photo identification deemed acceptable by the commission. A high school student who has completed a course of behind-the-wheel automobile driving education approved by the State Department of Education and conducted in a public, parochial or private school of this State, who has been issued a special learner's permit pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1) prior to January 1, 2003, shall not be required to exhibit photo identification in order to sit for a road test. The commission may waive the road test for any person 18 years of age or older possessing a valid driver's license issued by any other state, the District of Columbia or the United States Territories of American Samoa, Guam, Puerto Rico or the Virgin Islands. The road test shall be given on public streets, where practicable and feasible, but may be preceded by an off-street screening process to assess basic skills. The commission shall approve locations for the road test which pose no more than a minimal risk of injury to the applicant, the examiner and other motorists. No new locations for the road test shall be approved unless the test can be given on public streets.

The commission shall issue a basic driver's license to operate a motor vehicle other than a motorcycle to a person over 18 years of age who previously has not been licensed to drive a motor vehicle in this State or another jurisdiction only if that person has: (1) operated a passenger automobile in compliance with the requirements of this title for not less than one year, not including any period of suspension or postponement, from the date of issuance of a provisional license pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4); (2) not been assessed more than two motor vehicle points; (3) not been convicted in the previous year for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), P.L.1992, c.189 (C.39:4-50.14), R.S.39:4-129, N.J.S.2C:11-5, subsection c. of N.J.S.2C:12-1, or any other motor vehicle-related violation the commission determines to be significant and applicable pursuant to regulation; and (4) passed an examination of his ability to operate a motor vehicle pursuant to this section.

The commission shall expand the driver's license examination by 20%. The additional questions to be added shall consist solely of questions developed in conjunction with the State Department of Health and Senior Services concerning the use of alcohol or drugs as related to highway safety. The commission shall develop in conjunction with the State Department of Health and Senior Services supplements to the driver's manual which shall include information necessary to answer any question on the driver's license examination concerning alcohol or drugs as related to highway safety.

Up to 20 questions may be added to the examination on subjects to be determined by the commission that are of particular relevance to youthful drivers, after consultation with the Director of the Office of Highway Traffic Safety.

The commission shall expand the driver's license examination to include a question asking whether the applicant is aware of the provisions of the "Revised Uniform Anatomical Gift Act," P.L.2008, c.50 (C.26:6-77 et al.) and the procedure for indicating on the driver's license the intention to make a donation of body organs or tissues pursuant to P.L.1978, c.181 (C.39:3-12.2).

Any person applying for a driver's license to operate a motor vehicle or motorized bicycle in this State shall surrender to the commission any current driver's license issued to him by another state or jurisdiction upon his receipt of a driver's license for this State. The commission shall refuse to issue a driver's license if the applicant fails to comply with this provision. An applicant for a permit or license who is less than 18 years of age, and who holds a permit or license for a passenger automobile issued by another state or country that is valid or has expired within a time period designated by the commission, shall be subject to the permit and license requirements and penalties applicable to State permit and license applicants who are of the same age; except that if the other state or country has permit or license standards substantially similar to those of this State, the credentials of the other state or country shall be acceptable.

The commission shall create classified licensing of drivers covering the following classifications:

a. Motorcycles, except that for the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering.

b. Omnibuses as classified by R.S.39:3-10.1 and school buses classified under N.J.S.18A:39-1 et seq.

c. (Deleted by amendment, P.L.1999, c.28).

d. All motor vehicles not included in classifications a. and b. A license issued pursuant to this classification d. shall be referred to as the "basic driver's license."

Every applicant for a license under classification b. shall be a holder of a basic driver's license. Any issuance of a license under classification b. shall be by endorsement on the basic driver's license.

A driver's license for motorcycles may be issued separately, but if issued to the holder of a basic driver's license, it shall be by endorsement on the basic driver's license.

The commission, upon payment of the lawful fee and after it or a person authorized by it has examined the applicant and is satisfied of the applicant's ability as an operator, may, in its discretion, issue a license to the applicant to drive a motor vehicle. The license shall authorize him to drive any registered vehicle, of the kind or kinds indicated, and shall expire, except as otherwise provided, on the last day of the 48th calendar month following the calendar month in which such license was issued.

The commission may, at its discretion and for good cause shown, issue licenses which shall expire on a date fixed by it. If the commission issues a license to a person who has demonstrated authorization to be present in the United States for a period of time shorter than the standard period of the license, the commission shall fix the expiration date of the license at a date based on the period in which the person is authorized to be present in the United States under federal immigration laws. The commission may renew such a license only if it is demonstrated that the person's continued presence in the United States is authorized under federal law. The fee for licenses with expiration dates fixed by the commission shall be fixed by the commission in amounts proportionately less or greater than the fee herein established.

The required fee for a license for the 48-month period shall be as follows:

Motorcycle license or endorsement: $ 18.

Omnibus or school bus endorsement: $ 18.

Basic driver's license: $ 18.

The commission shall waive the payment of fees for issuance of omnibus endorsements whenever an applicant establishes to the commission's satisfaction that said applicant will use the omnibus endorsement exclusively for operating omnibuses owned by a nonprofit organization duly incorporated under Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes.

The commission shall issue licenses for the following license period on and after the first day of the calendar month immediately preceding the commencement of such period, such licenses to be effective immediately.

All applications for renewals of licenses shall be made in a manner prescribed by the commission and in accordance with procedures established by it.

The commission in its discretion may refuse to grant a permit or license to drive motor vehicles to a person who is, in its estimation, not a proper person to be granted such a permit or license, but no defect of the applicant shall debar him from receiving a permit or license unless it can be shown by tests approved by the commission that the defect incapacitates him from safely operating a motor vehicle.

In addition to requiring an applicant for a driver's license to submit satisfactory proof of identity and age, the commission also shall require the applicant to provide, as a condition for obtaining a permit and license, satisfactory proof that the applicant's presence in the United States is authorized under federal law.

If the commission has reasonable cause to suspect that any document presented by an applicant as proof of identity, age or legal residency is altered, false or otherwise invalid, the commission shall refuse to grant the permit or license until such time as the document may be verified by the issuing agency to the commission's satisfaction.

A person violating this section shall be subject to a fine not exceeding $ 500 or imprisonment in the county jail for not more than 60 days, but if that person has never been licensed to drive in this State or any other jurisdiction, he shall be subject to a fine of not less than $ 200 and, in addition, the court shall issue an order to the commission requiring the commission to refuse to issue a license to operate a motor vehicle to the person for a period of not less than 180 days. The penalties provided for by this paragraph shall not be applicable in cases where failure to have actual possession of the operator's license is due to an administrative or technical error by the commission.

Nothing in this section shall be construed to alter or extend the expiration of any license issued prior to the date this amendatory and supplementary act becomes operative.

Continue reading "Penalties of Driving without a License in NJ - NJSA 39:3-10" »

New Jersey Municipal Court Judge's are authorized under statute to suspend the license of a driver for any "willful" violation. This week, the New Jersey Supreme Court set forth new guidelines for Municipal Court Judges to follow in imposing such sentences for reckless driving.

In State v. Moran, A-55-09, put forth certain factors that should be met by Municipal Court Judges that aim to guarantee that license suspensions are imposed fairly. The new rule is that municipal court judges must make a finding that the defendant's intent was "willful" and also that the driver acted in a "deliberate" manner in driving recklessly.
These findings must be made on the record to assist review by higher courts on appeal.

In Moran, who was represented by Freehold's Donald Lomurro, was convicted in Aberdeen Township of reckless driving in violation of N.J.S.A. 39:4-96. Moran was accused of improperly passing another vehicle in a left-turn lane. After being convicted, the municipal court judge suspended the defendant's license for 45 days under N.J.S.A. 39:5-31 for driving in a "willful and wanton [manner] in violation of the rights and safety of others and [her]self" and also due to her emotional, obstreperous, and disruptive demeanor in court.

The judge's ruling was affirmed in the Law Division and in the Appellate Division. The New Jersey Supreme Court granted certification and subsequently reversed the defendant's license suspension. Judge Albin wrote the opinion for the court. He noted that that the license-suspension provision of N.J.S.A. 39:5-31 was not "hidden" and that all drivers are presumed to know the law.

However, the Supreme Court ultimately held that there should be clear guidelines to ensure uniformity and fairness. Specifically, the guidelines are:

• The nature and circumstances of the defendant's conduct, including whether the conduct posed a high risk of danger to the public or whether it caused physical or property damage.

• The defendant's driving record, including his or her age and how long the defendant has had a license and the frequency of prior infractions.

• Whether the defendant has been free of infractions for a substantial period of time.

• Whether the defendant's character and attitude indicates that he or she is likely or unlikely to commit another offense.

• Whether a license suspension would impose an excessive hardship.
• The need for personal deterrence.

"No one would suggest that a court can take away one's driving privileges on a whim or capriciously," Albin said. ""Random and unpredictable sentencing is anathema to notions of due process."

New Jersey imposes incredibly harsh consequences for owners and drivers of vehicles who operate without liability insurance. If you are caught driving without insurance, obtain liability coverage immediately - meaning the same day if possible - and call a local criminal defense attorney. The consequences for not doing so will be severe, including a 1-year mandatory loss of driver's license, a fine up to $1,000 and community service.

The applicable statute reads as follows:

Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $ 300 nor more than $ 1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction. Upon subsequent conviction, he shall be subject to a fine of up to $ 5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.

Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.

One of the most serious traffic violations - tickets - that a driver in New Jersey can face is for improperly passing a school bus. The offense is sometimes issued by an observing officer, but more commonly by a complaining school bus driver. If facing this charge, it is vital to obtain legal counsel right away, as the penalties are severe, including 5 motor vehicle points, mandatory community service, a fine, and possible jail.

The applicable statute reads as follows:

On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $ 100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $ 250.00, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $ 100.

The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act

Manasquan Municipal Court

Location: 201 East Main Street
Manasquan, NJ 08736

Phone: (732) 223-0600

The judge in Manasquan Court is the Honorable Mark T. Apostolou. The prosecutor is James Carton, IV. The court administrator is Marie Higgins. Manasquan is a beach town, with many visitors frequenting the town during the summer months. This results in a spike in traffic tickets, DWI and criminal arrests.

In New Jersey, not only are there harsh penalties for speeding, but also for driving too slow. it is illegal to drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in "compliance with law."

A violation of this statute carries 2 motor vehicle and insurance eligibility points. There is also a fine of $50-$200, or 15 days jail (unlikely to be imposed), or both. For a third or subsequent conviction, the MVC will assess 4 penalty points.

West Long Branch Municipal Court

Location: 399 Monmouth Road
(corner of Deal and Monmouth Roads)
Oakhurst, NJ 07755

Phone: (732) 531-0291
Fax: (732) 531-0302

Court sessions are on Thursdays. The judge in West Long Branch Court is Louis Garippo, Jr., J.M.C. The court administrator is Kathleen McCann. West Long Branch Police issue a fair number of traffic and speeding tickets. A lot of underage drinking, DWI and drug possession arrests are also made in West Long Branch.

Interlaken Borough Municipal Court

Location: 100 Grasmere Avenue
Interlaken, NJ 07712

Phone: (732) 531-7405
Fax: (732) 531-7099

The judge in Interlaken court is the Honorable George Cieri, J.M.C. Court sessions are held on the last Tuesday of every month. Interlaken is a low-volume court. Mostly traffic and speeding tickets. Few DWI or criminal arrests are made in Interlaken Borough.

Lakehurst Municipal Court

Location: Lakehurst Municipal Court
Five Union Avenue
Lakehurst, NJ 08733

Phone: (732) 657-4151

The judge in Lakehurst is the Honorable Damian Murray, J.M.C. The prosecutor is Joseph Coronato, Esq. Lakehurst Police issue a fair share of traffic tickets, particularly for speeding, driving while license suspended and DWI.

Seaside Heights Municipal Court

Location:
116 Sheridan Ave
Seaside Heights, NJ 08751

Phone: (732) 830-2202

The judge in Seaside Heights Municipal Court is the Honorable Damian Murray. Seaside Heights make a substantial amount of criminal, drug and DWI arrests, particularly in the summer months. A fair share of traffic and speeding tickets are also issued in Seaside Heights.

Point Pleasant Borough Municipal Court

Location: 2233 Bridge Avenue
Point Pleasant Beach, NJ 08742

Mailing Address: P.O. Box 25
Point Pleasant, NJ 08742

Phone: (732) 899-1636
Fax: (732) 295-3521

The judge in Point Pleasant Borough Court is The Honorable James Ligouri, J.M.C. The prosecutor is Joseph Coronato, Esq. Point Pleasant police make a substantial amount of criminal and DWI arrests. A fair amount of traffic and speeding tickets are also issues in Point Pleasant.

Belmar Municipal Court

Location: 601 Main St
Belmar, NJ 07719

Phone: (732) 681-3700

The judge in Belmar Court is the Honorable Dennis Lavender. The prosecutor is Stephen G. Schueler. Belmar police make a lot of DWI and criminal arrests. A heavy amount of traffic and speeding tickets are also issued in Belmar.

Avon By The Sea Municipal Court

Location: 301 Main St.
Avon By The Sea, NJ 07717

Phone: (732) 502-4515

The judge in Avon court is the Hon. Alfred J. D'Auria, P.J.M.C. The prosecutor is Benjamin B. Choi, Esq. Avon Police issue a fair amount of speeding and other traffic tickets. Some DWI and criminal/drug possession arrests are also made in Avon by the Sea.

Toms River Municipal Court

Location: 255 Oak Ave
Toms River, NJ 08753

Phone: (732) 797-3914

The judges in Toms River Court are James A. Ligouri, J.M.C. and Damian Murray, J.M.C. There are several prosecutors in Toms River. Toms River Police issue a heavy amount of traffic and speeding tickets. A lot of DWI and criminal arrests / drug possession arrests are also made in Toms River.

Bradley Beach Municipal Court

Location: 701 Main St.
Bradley Beach, NJ 07720

Phone: (732) 776-2979

The judge in Bradley Beach Court is the Honorable Mark Apostolou, J.M.C. The prosecutor is James Shamy, Esq. Bradley Beach Police issue a fair share of traffic and speeding tickets. Some DWI and minor criminal / drug arrests are also made in Bradley Beach.