Criminal and Motor vehicle violations can cost you. If convicted of a criminal offense you could face Jail Time and loss of Job. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.
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DMV and Points
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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 Plus DMV points; plus additional car insurance eligibility points. 39:4-50 Operating under the influence- DWI (See chart at www.njlaws.com) Plus DMV points; plus additional car insurance eligibility points. 39:4-50.2 Refusal to undergo breathalyzer test- (See chart at www.njlaws.com) 39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .10% 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. See DWI fines and penalties at www.njlaws.com. 39:4-51a Consumption of alcoholic beverage by operator or passenger- First offense: $200 Second or subsequent offense: Fine $250 or 10 days community service 39:4-51b Possession of open container of alcohol in passenger compartment- First offense: $200 Subsequent offense: Fine $250 or 10 days community service 39 :4-52 Racing on highway- First offense $25-$100 5 DMV points, 5 car insurance points 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 2 DMV points and violation stays on DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years. 39:4-81 Failure to obey traffic control device- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years. 39:4-82 Failure to keep right- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years. 39:4-82.1 Failure to drive on right-hand roadway- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years. 39:4-83 Failure to keep to right at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years. 39:4-84 Failure to pass to right when proceeding in opposite direction- Fine or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license. 39:4-85 Failure to pass to left when overtaking- Fine or imprisonment not exceeding 15 days, or both $50-$200 4 DMV points and 4 additional car insurance points. Also, Judge/Magistrate an suspend Driver's license. 39:4-85.1 Wrong way on one-way street- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years. 39:4-86 Failure to overtake and pass properly- Fine or imprisonment not exceeding 15 days, or both $50-$200 4 DMV points and 4 additional car insurance points. 39:4-87 Failure to give overtaking vehicle right of way- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-88 Failure to drive properly in marked lanes- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-89 Following vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license. 39:4-90 Failure to yield right of way at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-90.1 Entering or leaving limited access highways improperly- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-91 Failure to yield right of way to emergency vehicles- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $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 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license. 39:4-97 Careless driving- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-97a Motor vehicle operation causing property damage- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-97.1 Slow speed as to block traffic- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons or property- First offense: $50-$150 Second offense: $100-$250 Third or subsequent offense: $200-$500 and 4 points 39:4-98 Speeding- Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on certain highways 1-14 mph over limit: 2 points, 15-29 mph over limit: 4 points, 30 or more mph over limit: 5 points Judge/Magistrate can suspend driver's license for speeding. Also, in 65 mph zone, fines are doubled 39:4-115 Failure to make proper turn- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points. 39:4-119 Failure to observe flashing traffic signals- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-122 Failure to obey whistle of police officer- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-123 Failure to make proper turn- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points. 39:4-124 Failure to turn as indicated by buttons or markers at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points. 39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn" sign- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points. 39:4-126 Failure to signal before starting, turning or stopping- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 3 additional car insurance points. 39:4-127 Backing or turning in street- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-127.1 Failure to stop at railroad crossings- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. 39:4-127.2 Failure to stop at approaches to movable span bridges- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points 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. Community service may be collecting trash cans or working at recycling center or landfill. Subsequent offense: Fine or imprisonment not exceeding 15 days, or both $250 none 2 DMV points and 2 additional car insurance points. 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 $500-$1000 Imprisonment shall be imposed only if injury to another person. 8 points. Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license $1000-$2000 Imprisonment shall be imposed only if injury to another person. 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 2 DMV points and 2 car insurance points 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 2 DMV points and 2 car insurance points 39:4-130 Failure to report accident- $30-$100 39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 car insurance points 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 Community service can be working at recycling or landfill. 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 $5000 Community service can be working at recycling or landfill. .NJ.A.C. 13:19-10.2 Point Accumulation; period of suspension (a) The Director shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule: POINTS ACCUMULATED PERIOD OF SUSPENSION 12 to 15 points in a period of two years or less; 30 days 16 to 18 points in a period of two years or less; 60 days 19 to 21 points in a period of two years or less; 90 days 22 to 24 points in a period of two years or less; 120 days 25 to 27 points in a period of two years or less; 150 days 28 or more points in a period of two years or less; not less than 180 days 15 to 18 points in a period greater than two years; 30 days 19 to 22 points in a period greater than two years; 60 days 23 to 26 points in a period greater than two years; 90 days 27 to 30 points in a period greater than two years; 120 days 31 to 35 points in a period greater than two years; 150 days 36 or more points in a period greater than two years; not less than 180 days 12 to 14 points in a period greater than two years; 30 days (b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his discretion, the Director shall consider the person's driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.
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Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty:
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
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Meet with an experienced
Attorney to handle your important legal needs. |
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Kenneth Vercammen's Law office represents
individuals charged with criminal, drug offenses, and serious traffic
violations throughout New Jersey. Our office helps people with traffic/
municipal court tickets including drivers charged with Driving While
Intoxicated, Refusal and Driving While Suspended.
Contact
the Law Office of The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation. The Law Office now accepts payment by American Express, Visa and Master Card.
 
Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.
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