notice -- schedule of fines and penalties of common motor ...2008/12/02 · 39:3-70.2 air pollution...

NOTICE TO THE BAR

Fines and Penalties of Common Motor Vehicle Offenses

Published with this notice is a revised schedule of Fines and Penalties of

Common Motor Vehicle Offenses (formerly the “Minimum Mandatory Fines and

Penalties Schedule”). The schedule includes only selected offenses commonly charged

under Title 39 of the New Jersey Statutes, not all chargeable motor vehicle offenses.

Please note that court costs and mandatory assessments are not included in the fine

amounts. The revisions are current through October 2008.

The schedule is being provided for the convenience of municipal court

practitioners. This is the first revision of the schedule since August 2004.

This notice and the appended schedule also will be posted on the Judiciary’s

Internet website (www.njcourtsonline.com).

/s/ Glenn A. Grant

_____________________________________ Glenn A. Grant, J.A.D. Acting Administrative Director of the Courts Dated: December 2, 2008

Fines and Penalties of Common Motor Vehicle Offenses

This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and does not contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing any sentence.

The fines listed here DO NOT include court costs, so you may add court costs up to a maximum of $33.00, $5.50 of which may not be suspended. See N.J.S.A. 22A:3-4. The listed fines also do not include the assessments found in N.J.S.A. 39:5-41, which, as of the date of this schedule, total $6.00. Reference should be made to this statute to determine the correct amount of the assessments, at the time of sentencing.

If the "VCCA" box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Agency assessment of $50 in accordance with N.J.S.A. 2C:43-3.1. Similarly, if the "Safe Neigh." box is checked, the offense is subject to the mandatory Safe Neighborhood assessment of $75 in accordance with N.J.S.A. 2C:43-3.2.

If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an area which has been designated as having a speed limit of 65 miles per hour. N.J.S.A. 39:4-98.6. Similarly, if the "Con. Zone/Safe Cor" box is checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in a designated safe corridor. N.J.S.A. 39:4-203.5.

October, 2008

In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any offense found in subtitle 1 of Title 39, N.J.S.A. 39:1-1 to 39:5G-1. See N.J.S.A. 39:5-31.

If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule. REMEMBER that the payable amounts listed in the Violations Bureau Schedule DO include court costs and assessments, so court costs and assessments should never be added to the payable amount.

N.J.S.A. Description Penalty N.J.S.A.

Additional Penalties Minimum Maximum 65 MPH

Con. Zone Safe Cor VCCA

Safe Neigh. Payable

39:3-6.13(a) Registration card of apportioned vehicle not in vehicle

39:3-6.17 $500 $500

Tuesday, October 14, 2008 Page 1 of 18




Safe Neigh. Payable

39:3-9a Failure to notify change in name

39:3-86 Fine or imprisonment not exceeding 15 days, or both

$25 $500

39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not exceeding 15 days, or both

$25 $500

39:3-10 Driving without a license where offender has never been licensed in N.J. or elsewhere

Fine or imprisonment for not more than 60 days and no license to issue for at least 180 days

$200 $500

39:3-10 Driving without a license where the offender has been licensed in NJ or elsewhere

Fine or imprisonment in the county jail for not more than 60 days

None $500

39:3-10.18(a) Failure to possess valid commercial driver’s license

Fine or imprisonment up to 60 days, or both

$250 $500

39:3-10.18(b) Driving a commercial vehicle after driver's license has been suspended

1) Fine or imprisonment up to 90 days, or both 2) If accident with personal injury to another occurs while violating this section, 90 days imprisonment, $5000 fine and suspension of commercial driving privileges in accordance with N.J.S.A. 39:3-10.20(f)

$500 $5000

39:3-10.24 Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to N.J.S.A. 39:3-10.13

First offense: Fine and six month revocation of driver's license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50

$250 $500

39:3-10.24 Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to N.J.S.A. 39:3-10.13

Subsequent offense: Fine and 2 year revocation of driver's license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50

$250 $500





Safe Neigh. Payable

39:3-12 Illegal securing of driver’s license

Fine or imprisonment for not less than 30 days nor more than 90 days, or both

$200 $500

39:3-13.2a Violation of conditions of the special learner's permit, other than conviction of alcohol or drug related offense

39:3-13.8 $100 $100

39:3-20(e) Weight in excess of limitation permitted by certificate of registration for commercial vehicles

Plus $100 per 1000 lbs. or fraction thereof of excess weight

$500 none

39:3-20.1 Misuse of registration of empty trucks

39:3-20.2 Fine and suspension or revocation of the privilege

$25 $100

39:3-27.11 Misuse of fire department or first aid squad plates

39:3-27.12 $25 $50

39:3-27.17 Misuse of disabled veteran plates

39:3-27.18 $25 $50

39:3-27.21 Misuse of commuter van plates

39:3-27.22 $25 $50

39:3-27.27 Misuse of street rod plates $25 $50

39:3-29 Failure to exhibit documents

If person can exhibit card to judge, then judge can dismiss but can impose costs

$150 $150

39:3-29 Failure of omnibus driver to exhibit documents

If person can exhibit card to judge, then judge can dismiss but can impose costs

$250 $250

39:3-29.8(a) Display/poss fictitious ID 39:3-29.10 2C:43-3 2C:43-8

Imprisonment shall not exceed 6 months; disorderly persons offense

None $1000

39:3-29.8(b) Lend I.D. card to another 39:3-29.10 2C:43-3 2C:43-8


None $1000





Safe Neigh. Payable

39:3-29.8(c) Display/represent ID card not issued to him/her

39:3-29.10 2C:43-3 2C:43-8


None $1000

39:3-29.8(d) Permit unlawful use of ID card

39:3-29.10 2C:43-3 2C:43-8


None $1000

39:3-29.8(e) Utilization of ID card for forbidden acts

39:3-29.10 2C:43-3 2C:43-8


None $1000

39:3-29.8(f) Reproduction of I.D. cards 39:3-29.10 2C:43-3 2C:43-8


None $1000

39:3-29.8(g) Alteration of I.D. cards 39:3-29.10 2C:43-3 2C:43-8


None $1000

39:3-35 Lending or misusing registration certificate or plates

$25 $50

39:3-37 Falsifying application on examination

Fine or imprisonment for not more than 6 months, or both

$200 $500

39:3-38 Counterfeiting plate or marker

Fine or revocation of driver’s license not exceeding 6 months

$50 $100

39:3-38 Using other than issued marker

$25 $50

39:3-40 Driving when license refused, suspended, revoked or prohibited

(See attached chart at the end of the schedule)

39:3-47(c) No altering equipment to defeat inspection

39:3-79 None $25

39:3-54.7 Unauthorized person operating emergency lights

39:3-54.13 None $200





Safe Neigh. Payable

39:3-54.10 More than 2 emergency warning lights on vehicle

39:3-54.13 Privilege to operate emergency warning lights may be suspended or revoked

None $100

39:3-64(c) Warning signal required for disabled vehicle

39:3-79 None $25

39:3-66 Maintenance of lamps, reflectors, etc.

39:3-79 None $25

39:3-69 Horns and audible warning devices

39:3-79 None $25

39:3-70 Mufflers 39:3-79 None $25

39:3-70.2 Air pollution from motor vehicles and school buses

Fine is per day/per vehicle $250 $1000

39:3-71 Mirrors 39:3-79 None $25

39:3-72 Tire Equipment 39:3-79 None $25

39:3-74 Windshields must be unobstructed and equipped with cleaners

39:3-79 None $25

39:3-75 Safety glass 39:3-79 None $25

39:3-76.2 Sale or operation of vehicle without safety belts

39:3-79 None $25

39:3-76.2a Restraint or booster seat for child under age 8

39:3-76.2d Fine shall be suspended if defendant can prove possession and use of approved restraint

$10 $25

39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20

39:3-76.5 Failure to equip motorcycles with permanent seat and footrests for passenger

$50 $100





Safe Neigh. Payable

39:3-79.8 Prohibition of supplying fuel to vehicle without label

First offense (penalty may be collected in accordance with N.J.S.A. 2A: 58-10 et seq.)

$25 $25

Subsequent offense (penalty may be collected in accordance with N.J.S.A. 2A:58-10 et seq.)

$50 $50

39:3-80 Vehicle with inferior tires First offense $50 $100

Subsequent offense $100 $200

39:3-81 Tires fitted with projections Penalty may be collected in accordance with N.J.S.A. 2A:58-10 et seq.

$25 $50

39:3-84.3(i) Violation of dimensional limitations

$150 $500

39:3-84.3(j) Violation of weight limitations

Fine an amount equal to $0.02 per pound for each pound of the total excess weight provided the total excess weight is 10,000 Ibs. or less, or shall be fined an amount equal to $0.03 per pound for each pound of the total excess weight provided that the total excess weight is more than 10,000 lbs., but in no event should the fine be less than $50

$50 none

39:3-84.3(l) Violation of designated routes

First offense none $400

Second offense $700 $700


39:3B-25 School bus driver using cell phone

$250 $500

39:3C-17(a) Operating snowmobiles/all terrain vehicles on limited access highway

39:3C-28 $100 $200





Safe Neigh. Payable

39:4-14.4 Sale of bike without reflectors

39:4-14.8 First Offense None $50

Subsequent Offense $100 $100

39:4-14.10(e) Failure to wear helmet while operating electric personal assistive mobility device violations

39:4-14.11 First offense: Warning none none

39:4-14.11 Second offense $10 $10

39:4-14.11 Third or subsequent offense, requires court to impound the device for not more than 30 days. A person who fails to comply with the requirements governing warning notices shall be fined not more than $100 for each violation.

none none

39:4-36 Driver to yield to pedestrian at crosswalk

Fine or imprisonment not to exceed 15 days

$100 $100

39:4-48 Operating or using a vehicle without consent of owner

$100 none

39:4-49 Tampering with vehicle First offense $10 $50

Subsequent offense: Fine or imprisonment not exceeding 30 days, or both

$50 $100

39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous substance

Fine and 2 years suspension of driver’s license

$50 none

39:4-50 Operating under the influence


39:4-50.4a Refusal to undergo breathalyzer test






Safe Neigh. Payable

39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .08% and is under the legal age to purchase alcoholic beverages

Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A. 39:4-50, or any other law

39:4-50.15(b) Parent driving while intoxicated with child in car

2C:43-3 2C:43-8


None $1000

39:4-50.19(b) Circumventing interlock device

2C:43-3 2C:43-8


None $1000

39:4-51a Consumption of alcoholic beverage by operator or passenger

First offense $200 $200

Second or subsequent offense: Fine or 10 days community service

$250 $250

39:4-51b Possession of open container of alcohol in passenger compartment


Subsequent offense: Fine or community service for 10 days

$250 $250

39:4-52 Racing on highway First offense $25 $100


39:4-53 Leaving vehicle with engine running

$10 $25

39:4-56 Delaying traffic 39:4-203 Fine and imprisonment for a term not exceeding 15 days

None $50





Safe Neigh. Payable

39:4-56.1 Willful abandonment of motor vehicle to obstruct traffic

39:4-56.2 Fine and suspension of driver’s license not less than 1 year nor more than 5 years

$200 $500

Subsequent offense: Fine and suspension of driver's license for 5 years

$500 $1000

39:4-56.5 Abandonment of motor vehicle

First offense: Fine and license or driving privileges may be suspended or revoked by Administrator of MVC for not more than 2 years

$100 $500

Subsequent offense: Fine and license or driving privileges may be suspended or revoked by Administrator of MVC for a period of not more than 5 years

$500 $1000

39:4-56.8 Failure of towing service to tow disabled vehicle

$25 $50

39:4-63 Placing, throwing, or depositing injurious substances on highway

Fine and may forfeit right to operate a motor vehicle for 30 days

$100 $500

39:4-64 Throwing or dropping debris from a vehicle

$200 $1000

39:4-66.2 Operation of motor vehicle on public or private property to avoid traffic signal

Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-67 Obstructing passage of vehicles

39:4-203 Fine and imprisonment for a term not exceeding 15 days, or both

None $50





Safe Neigh. Payable

39:4-76 Driving overweight vehicle on interstate bridge

$0.02 per pound for each pound of excess weight if the excess does not exceed 10,000 pounds, and $0.03 per pound for each pound of excess weight if the excess weight exceeds 10,000 pounds, but in no event less than $50.00. In addition, the owner of the vehicle shall be responsible for damages to the bridge

$50 none

39:4-77.1 Snow or ice falling off moving vehicle- non-commercial vehicle

$200 $1000

39:4-77.1 Snow or ice falling off moving vehicle- commercial vehicle

$500 $1500

39:4-80 Failure to obey directions of officer


$50 $200

39:4-81 Failure to obey traffic control device


$50 $200

39:4-82 Failure to keep right 39:4-203 Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-82.1 Failure to drive on right-hand roadway


$50 $200

39:4-83 Failure to keep to right at intersection


$50 $200

39:4-84 Failure to pass to right when proceeding in opposite direction


$50 $200

39:4-85 Failure to pass to left when overtaking


$50 $200

39:4-85.1 Wrong way on one-way street


$50 $200





Safe Neigh. Payable

39:4-86 Failure to overtake and pass properly


$50 $200

39:4-87 Failure to give overtaking vehicle right of way


$50 $200

39:4-87.1 Failure to yield to bus 39:4-203 Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-88 Failure to drive properly in marked lanes


$50 $200

39:4-89 Following vehicle too closely


$50 $200

39:4-90 Failure to yield right of way at intersection


$50 $200

39:4-90.1 Entering or leaving limited access highways improperly


$50 $200

39:4-91 Failure to yield right of way to emergency vehicles


$50 $200

39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely


$50 $200

39:4-92.1 Following fire department vehicle too closely back to fire station


$50 $200

39:4-94 Train unnecessarily blocking highway


$50 $200

39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60 days, or both

$50 $200

Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or both

$100 $500





Safe Neigh. Payable

39:4-97 Careless driving 39:4-104 Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-97a Motor vehicle operation causing property damage


$50 $200

39:4-97.1 Slow speed as to block traffic


$50 $200

39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons or property

First offense; $250 surcharge $50 $150

Second offense; $250 surcharge $100 $250

Third or subsequent offense; $250 surcharge

$200 $500

39:4-97.3 Operating a motor vehicle while using a cell phone

39:4-97.3(d) If used as an alternative in a plea agreement, then same as penalty for N.J.S.A. 39:4-97.2

$100 $100

39:4-98 Speeding 39:4-104 39:4-98.7

Fine or imprisonment not exceeding 15 days, or both when guilty. Fine doubled when driving 20 mph over speed limit or 10 mph over in a 65 mph zone

$50 $200

39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-116 Failure to make proper turn at arrow


$50 $200

39:4-117 Special pedestrian interval; pedestrian violation


$50 $200

39:4-117 Special pedestrian interval; motorist violation


$50 $200





Safe Neigh. Payable

39:4-119 Failure to observe flashing traffic signals


$50 $200

39:4-120.9 Motorists required to obey traffic control device at public-private intersection

39:4-120.10 39:4-203

Fine or improsonment for a term not exceeding 15 days, or both

$50 $200

39:4-122 Failure to obey whistle of police officer


$50 $200

39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-124 Failure to turn as indicated by buttons or markers at intersection


$50 $200

39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn" sign


$50 $200

39:4-126 Failure to signal before starting, turning or stopping


$50 $200

39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not exceeding 15 days, or both

$50 $200

39:4-127.1 Failure to stop at railroad crossings


$50 $200

39:4-127.2 Failure to stop at approaches to movable span bridges


$50 $200

39:4-128.1 Passing school bus while picking up or discharging

First offense: Fine or imprisonment not exceeding 15 days or 15 days community service, or both

$100 none

Subsequent offense: Fine or imprisonment not exceeding 15 days, or both

$250 none





Safe Neigh. Payable

39:4-129(a) Leaving the scene of accident involving injury or death

First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction. Imprisonment shall be imposed only if death or injury to another person

$2500 $5000

Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license. Imprisonment shall be imposed only if death or injury to another person

$2500 $5000

39:4-129(b) Leaving the scene of accident involving damages to attended vehicle or property

First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction

$200 $400

Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction

$400 $600

39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property

First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction

$200 $400

Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction

$400 $600

39:4-130 Failure to report accident $30 $100





Safe Neigh. Payable

39:4-132 Failure of repairman to report damages

Fine or imprisonment not less than 30 days nor more than 90 days, or both

$100 $500

39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs


$50 $200

39:4-207.9 Failure to maintain handicapped parking space

$500 $1000

39:4-208 Improper traffic & parking on State property

39:4-209 $1 $15

39:4-208 Altering, conterfeiting or misuse of State parking permits

39:4-209 none $50

39:5C-1 Racing or making speed records

First offense; disorderly persons offense

$25 $100

Subsequent offense: Fine or imprisonment for not more than 90 days or both; disorderly persons offense

$100 $200

39:6B-2 Failure to carry motor vehicle insurance coverage

First offense: Fine and a period of community service as determined by the court, and suspension of driving privileges for 1 year

$300 $1000

Subsequent offense: Fine and shall be subject to 14 days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction

none $5000

39:8-18 Affixing approval sticker without re-inspection or conformity to standards

First offense: Fine and suspension of re-inspection center’s license for at least 1 year but not more than 3 years

$1000 $1500

Subsequent offense: Fine and permanent revocation of reinspection center's license

$2000 $3500





Safe Neigh. Payable

39:8-48 Private agency affixes certificate without motor vehicle inspection

Possible suspension of facility license for a period of not less than 6 months

$500 None

39:9-2 Commercial driver exceeding maximum permitted on-duty hours

39:9-4 First offense: If default in payment of fine, defendant shall be imprisoned for not more than 5 days

$25 $25

Subsequent offense: If default in payment of fine, defendant shall be imprisoned for not more than 10 days

$50 $50

39:10-10 Failure to deliver certificate of ownership

$25 $25

39:10-11(a) Fail to submit evidence of purchase to director

39:10-20 First offense None $500

Subsequent offense: Suspend driver's license for less than unexpired term or revoke

None $1000

39:10-12 False application for a duplicate certificate of ownership

Fine or imprisonment not exceeding 30 days, or both

$200 $500

39:10-26 Motor vehicle dealer selling vehicle that does not meet standard

39:10-30 2C:43-3 2C:43-8


None $1000

39:10-27 Seller of used vehicle fails to make repair

39:10-30 2C:43-3 2C:43-8


None $1000

39:10B-2 Identification of motor component parts: Violation of record maintenance requirements

Fine or imprisonment not exceeding 90 days, or both.

$25 $100

39:11-3 Operating a junk yard without a license


$25 $100





Safe Neigh. Payable

39:11-9 Failure of junk yard owner to certify the condition of vehicles sold


$25 $100

39:12-2 Operating a driving school without a license

39:12-12 First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both

$100 $250

Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both

$250 $500

39:12-2.1 Failure of driving school instructor to receive required training


$100 $250


$250 $500

39:12-5 Driving school employing an unlicensed instructor


$100 $250


$250 $500

39:12-11 Driving school failing to keep records


$100 $250


$250 $500





Safe Neigh. Payable

39:12-15 Failure to wear seat belts in driver's school (instructor and student)




October 6, 2008 Page 1 of 13

N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50(g)

Offense 39:4-50 Driving while intoxicated

1st Offense - BAC 0.08% or - $250 to $400 fine, and higher, but less than .10% or observation case - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and

- in court's discretion, imprisonment not exceeding 30 days, and - driver's license suspension for a period of 3 months, and - VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and - may order participation in supervised visitation programs either a condition of probation or a form of community service, and - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

1st Offense - BAC 0.10% or - $300 to $500 fine, and higher or operation under influence of drugs - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and - in court's discretion, imprisonment not exceeding 30 days, and - driver's license suspension for not less than 7 months nor more than 1 year, and - VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and - may order participation in supervised visitation program as either a condition of probation or a form of community service, and


1st Offense – BAC 0.10% Cont. - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

- $500 to $1000 fine, and 2nd Offense - imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and - driver's license suspension for 2 years, and - community service for 30 days, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - may order participation in a supervised visitation program as either a condition of probation or a form of community service, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 2 years, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

3rd or Subsequent Offense - $1000 fine, and - imprisonment not less than 180 days in county jail or workhouse, except that the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and - driver's license suspension for 10 years, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - may order participation in a supervised visitation program as either a condition of probation or a form of community service, and


- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 10 years, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2- day term of imprisonment and driver's license suspension until requirements are satisfied. Please Note Please Note: If the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.


Offense 39:4-50(g) Driving while intoxicated while on school property

1st Offense - $500 to $800 fine, and - imprisonment not exceeding 60 days, and - driver's license suspension for not less than 1 year nor more than 2 years, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

2nd Offense - $1000 to $2000 fine, and - imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service, and - driver's license suspension for 4 years, and - community service for 60 days, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.


3rd or Subsequent - $2000 fine, and - imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and - driver's license suspension for 20 years to start upon completion of any prison sentence, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.


N.J.S.A. 39:4-50.4a Offense 39:4-50.4a Refusal to submit to chemical test (penalty provision at N.J.S.A. 39:4-50.4a(a)

1st Offense - $300 to $500 fine, and - driver's license suspension not less than 7 months or more than 1 year (consecutive to any revocation imposed under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent), and - DDEF $100, and - shall refer offender to IDRC.

2nd Offense - $500 to $1000 fine, and - driver's license suspension for 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and - DDEF $100, and - shall refer offender to IDRC.

3rd or Subsequent - $1000 fine, and - driver's license suspension for 10 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and - DDEF $100, and - shall refer offender to IDRC.


Offense 39:4-50.4a Refusal to submit to chemical test on school property (penalty provision at N.J.S.A. 39:4-50.4a(b)

1st Offense - $600 to $1000 fine, and - driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and - DDEF $100, and - shall refer offender to IDRC.

2nd Offense - $1000 to $2000 fine, and - driver's license suspension for 4 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and - DDEF $100, and - shall refer offender to IDRC.

3rd or Subsequent - $2000 fine, and - driver's license suspension for 20 years (consecutive to any revocation imposed under N.J.S.A. 39:4- 50), and - DDEF $100, and - shall refer offender to IDRC.


N.J.S.A. 39:3-40 October, 2008

Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e).

Offense 39:3-40 Driving while license suspended- general provision

1st Offense - $500 fine, and - driver's license suspension not to exceed 6 months

2nd Offense - $750 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for at least 1 but not more than 5 days, and - if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense. (N.J.S.A. 39:3-40(j)).

3rd or Subsequent Offense - $1000 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for 10 days, and - if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.


Offense 39:3-40 (f) (1) Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)

1st Offense - $1000 fine, and - driver's license suspension not less than 12 months, nor more than 30 months, and - may impose imprisonment not more than 90 days.

2nd Offense - $1250 fine, and - driver's license suspension of not less than 12 months nor more than 30 months, and - may impose period of imprisonment of not more than 90 days, and - if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

3rd or Subsequent Offense - $1500 fine, and - driver's license suspension of not less than 12 months nor more than 30 months, and - imprisonment for not less than 10 days, nor more than 90 days, and - if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.


Offense 39:3-40 (f) (2) Driving while license suspended due to conviction for: - N.J.S.A. 39:4-50 (driving while intoxicated), or - N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or - N.J.S.A. 39:5-30a to -30e (habitual offender)

1st Offense - $1000 fine, and -driver's license suspension of not less than 12 months, nor more than 30 months, and -imprisonment of not less than 10 days, nor more than 90 days, and -revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1)

2nd Offense -$1250 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 10 days, nor more than 90 days, and - revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

3rd or Subsequent Offense - $1500 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 10 days, nor more than 90 days, and - revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.


Offense 39:3-40 (f) (3) Driving while license suspended in a school zone due to conviction for: - N.J.S.A. 39:4-50 (driving while intoxicated), or - N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)

1st Offense - $1000 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 60 days nor more than 90 days.

2nd Offense - $1250 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment of not less than 120 days nor more than 150 days, and - if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

3rd or Subsequent Offense - $1500 fine, and - driver's license suspension for not less than 12 months, nor more than 30 months, and - imprisonment for 180 days, and - if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.


Offense 39:3-40 (g) Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35

1st Offense - $500 fine, and - driver's license suspension not to exceed 6 months, and - $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed

2nd Offense - $750 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for at least 1 but not more than 5 days, and - $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and - if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.

3rd or Subsequent Offense - $1000 fine, and - driver's license suspension not to exceed 6 months, and - imprisonment for 10 days, and - $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and - if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and - if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.


Offense 39:3-40(i) Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or for failure to comply with a time payment order.

1st Offense - maximum $100 fine upon proof that the violator has satisfied the parking tickets

notice -- schedule of fines and penalties of common motor ...2008/12/02 · 39:3-70.2 air pollution...

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