18 U.S.C. § 3607. Special probation and expungement procedures for drug possessors

(a) Pre-judgment Probation.— If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)—

(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and

(2) has not previously been the subject of a disposition under this subsection;

the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565.

(b) Record of Disposition.— A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.

(c) Expungement of Record of Disposition.— If the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose.

b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.
L.1979, c. 178, s. 108, eff. Sept. 1, 1979.

2C:52-2. Indictable offenses
a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

Notwithstanding the provisions of the preceding paragraph, on motion of the petitioner, the court shall allow a petition to be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:

(1) less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

(2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant’s character and conduct since conviction.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person’s age at the time of the offense, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.

Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24:4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;

(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or

(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction.

d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto. Amended 1989,c.300,s.23; 1993,c.301; 1994,c.133,s.6. As reported by the Assembly Judiciary Committee on January 28, 2008, with amendments.

2C:52-3. Disorderly persons offenses and petty disorderly persons offenses
Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

L.1979, c. 178, s. 110, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 43, eff. Sept. 24, 1981.

2C:52-4. Ordinances
In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged.L.1979, c. 178, s. 111, eff. Sept. 1, 1979.

2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:

(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;

(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or

(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.

For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.

b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:

(1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;

(4) He has never had an adult conviction expunged; and

(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.

c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6. (cf: P.L.1981, c.290, s.44)

2C:52-5. Expungement of records of young drug offenders
Expungement of Records of Young Drug Offenders. Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5), or convicted of violating P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person’s conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5) or of P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program. This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except: (1) Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or (2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less. L. 1979, c. 178, s. 111; amended by L. 1987, c. 106, s. 16.

2C:52-6. Arrests not resulting in conviction
a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.

b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, s. 27 (C. 24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged. L.1979, c. 178, s. 113, eff. Sept. 1, 1979.

2C:52-7. Petition for expungement
Every petition for expungement filed pursuant to this chapter shall be verified and include: a. Petitioner’s date of birth. b. Petitioner’s date of arrest. c. The statute or statutes and offense or offenses for which petitioner was arrested and of which petitioner was convicted. d. The original indictment, summons or complaint number. e. Petitioner’s date of conviction, or date of disposition of the matter if no conviction resulted. f. The court’s disposition of the matter and the punishment imposed, if any.L.1979, c. 178, s. 114, eff. Sept. 1, 1979.

2C:52-8. Statements to accompany petition
There shall be attached to a petition for expungement: a. A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement. b. In those instances where the petitioner is seeking the expungement of a criminal conviction, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any Federal court. “Sealing” refers to the relief previously granted pursuant to P.L.1973, c. 191 (C. 2A:85-15 et seq.).c. In those instances where a person has received a dismissal of a criminal charge because of acceptance into a supervisory treatment or any other diversion program, a statement with affidavit or verification setting forth the nature of the original charge, the court of disposition and date of disposition.L.1979, c. 178, s. 115, eff. Sept. 1, 1979.

2C:52-9. Order fixing time for hearing
Upon the filing of a petition for relief pursuant to this chapter, the court shall, by order, fix a time not less than 35 nor more than 60 days thereafter for hearing of the matter.L.1979, c. 178, s. 116, eff. Sept. 1, 1979.

2C:52-10. Service of petition and documents
A copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter.

2C:52-11. Order expungement where no objection prior to hearing
If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:52-14, appears to the contrary, the court may, without a hearing, grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.L.1979, c. 178, s. 118, eff. Sept. 1, 1979.

2C:52-12. Denial of relief although no objection entered
In the event that none of the persons or agencies required to be noticed under 2C:52-10 has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner is not entitled to relief for the reasons provided in section 2C:52-14.L.1979, c. 178, s. 119, eff. Sept. 1, 1979.

2C:52-13. When hearing on petition for expungement shall not be held
No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense. Such petition shall not be heard until such times as all pending criminal and or disorderly persons charges are adjudicated to finality.L.1979, c. 178, s. 120, eff. Sept. 1, 1979.

2C:52-14. Grounds for denial of relief 2C:52-14.
A petition for expungement filed pursuant to this chapter shall be denied when:

a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.

b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. An application may be denied under this subsection only following objection of a party given notice pursuant to 2C:52-10 and the burden of asserting such grounds shall be on the objector, except that in regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies regardless of whether any party objects on this basis.

c. In connection with a petition under section 2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.

d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.

e. A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. This provision shall not apply:

(1) When the person is seeking the expungement of a municipal ordinance violation or,

(2) When the person is seeking the expungement of records pursuant to section 2C:52-6.

f. The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program.

4. This act shall take effect on the 60th day after enactment.

2C:52-15. Records to be removed; control
If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner’s motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who has been designated by the head of each such agency which, at the time of the hearing, possesses said records. That designated person shall, except as otherwise provided in this chapter, insure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all noticed officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information.L.1979, c. 178, s. 122, eff. Sept. 1, 1979.

2C:52-16. Expunged record including names of persons other than petitioner
Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency’s general files with the petitioner’s name and other personal identifiers obliterated and deleted.L.1979, c. 178, s. 123, eff. Sept. 1, 1979.

2C:52-17. Use of expunged records by agencies on pending petition for expungement
Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is noticed of a pending petition for the expungement of a conviction. Any such agency may supply information to the court wherein the motion is pending and to the other parties who are entitled to notice pursuant to 2C:52-10.L.1979, c. 178, s. 124, eff. Sept. 1, 1979.

2C:52-18. Supplying information to violent crimes compensation board
Information contained in expunged records may be supplied to the Violent Crimes Compensation Board, in conjunction with any claim which has been filed with said board.L.1979, c. 178, s. 125, eff. Sept. 1, 1979.

2C:52-19. Order of superior court permitting inspection of records or release of information; limitations
Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. The motion or any order granted pursuant thereto shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. Leave to inspect shall be granted by the court only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise but may be used for purposes of sentencing on a subsequent offense after guilt has been established.L.1979, c. 178, s. 126, eff. Sept. 1, 1979.

2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs
Expunged records may be used by any judge in determining whether to grant or deny the person’s application for acceptance into a supervisory treatment or diversion program for subsequent charges. Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor or judge of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges.L.1979, c. 178, s. 127, eff. Sept. 1, 1979.

2C:52-21. Use of expunged records in conjunction with setting bail, presentence report or sentencing

Expunged records, or sealed records under prior law, of prior arrests or convictions shall be provided to any judge, county prosecutor, probation department or the Attorney General when same are requested for use in conjunction with a bail hearing or for the preparation of a presentence report or for purpose of sentencing.L.1979, c. 178, s. 128, eff. Sept. 1, 1979.

2C:52-22. Use of expunged records by parole board
Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed.L.1979, c. 178, s. 129, eff. Sept. 1, 1979.

2C:52-23. Use of expunged records by department of corrections
Expunged records, and records sealed under prior law, shall be provided to the Department of Corrections for its use solely in the classification, evaluation and assignment to correctional and penal institutions of persons placed in its custody.L.1979, c. 178, s. 130, eff. Sept. 1, 1979.

2C:52-24. County prosecutor’s obligation to ascertain propriety of petition
Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court’s attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief. If no disabling, adverse or relevant information is ascertained other than that as included in the petitioner’s affidavit, such facts shall be communicated by the prosecutor to the hearing judge.L.1979, c. 178, s. 131, eff. Sept. 1, 1979.

2C:52-25. Retroactive application
This chapter shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date of this act.L.1979, c. 178, s. 132, eff. Sept. 1, 1979.

2C:52-26. Vacating of orders of sealing; time; basis
If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original motion in conjunction with the previously undisclosed information.L.1979, c. 178, s. 133, eff. Sept. 1, 1979.

2C:52-27. Effect of expungement
Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.b. The fact of an expungement of prior charges which were dismissed because of the person’s acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; andc. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.L.1979, c. 178, s. 134, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 45, eff. Sept. 24, 1981.

2C:52-28. Motor vehicle offenses
Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39.L.1979, c. 178, s. 135, eff. Sept. 1, 1979.

2C:52-29. Fee
Any person who files an application pursuant to this chapter shall pay to the State Treasurer a fee of $30.00 to defer administrative costs in processing an application hereunder.L.1979, c. 178, s. 136, eff. Sept. 1, 1979.

2C:52-30. Disclosure of expungement order
Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.L.1979, c. 178, s. 137, eff. Sept. 1, 1979.

2C:52-31. Limitation
Nothing provided in this chapter shall be interpreted to permit the expungement of records contained in the Controlled Dangerous Substances Registry created pursuant to P.L.1970, c. 227 (C. 26:2G-17 et seq.), or the registry created by the Administrative Office of the Courts pursuant to section 2C:43-21.L.1979, c. 178, s. 138, eff. Sept. 1, 1979.

2C:52-32. Construction
This chapter shall be construed with the primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby periodic violators of the law or those who associate themselves with criminal activity have a regular means of expunging their police and criminal records.L.1979, c. 178, s. 139, eff. Sept. 1, 1979.

Result: Attorney argued that State was unable to prove Defendant’s Operation of the vehicle and the DWI charge was dismissed. A plea was entered into whereby defendant pled guilty to Open Container of Alcohol and was fined $206 and the charge of Possession of CDS in a Motor Vehicle was dismissed. A Conditional Discharge was granted on the Marijuana Possession charge and the client was fined $833. No License Suspension and No Criminal Record.

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2007: Municipal Court – Client stopped for headlight violation smelled of alcohol and failed roadside psycho-physical tests. Alcotest result was .07% BAC which is below legal limit.

Result: Attorney obtained dismissal of DWI (39:4-50) and pled guilty to a No Point violation of Unsafe Operation (39:4-97.2). Client was fined $389 and given a 15 day license suspension.

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2007: Municipal Court – Client was 69 year old man stopped while coming home from dinner with wife. Breathalyzer administered at station had .12% BAC reading (legal limit is .08%). Client performed poorly on psycho-physical testing and was facing license suspension of between 7 and 12 months on DWI charge (39:4-50) and 5 points on Reckless Driving (39:4-96).

Result: Attorney hired expert who prepared report indicating that testing was done using Breathalyzer Ampoules manufactured in Canada in which the assay report failed to completely provide the chemical composition rendering the Breathalyzer test inadmissible. Prosecutor agreed to amend the charge to a lower tier DWI (based solely upon the psycho-physical tests) and client was fined $256 plus other monetary penalties with only a 3 month suspension of driver’s license. Reckless Driving charge was dismissed.

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2007: Municipal Court – Client pulled over for erratic driving. Officer smelled burnt marijuana and observed that client had glassy eyes and failed field sobriety tests. Breathalyzer at station showed no alcohol but urine sample was taken. Client charged with Driving While Intoxicated (39:4-50), Reckless Driving (39:4-96), Unsafe Lane Change (39:4-88b), Maintenance of Lamps (39:3-66) and Criminal Charger of Being Under the Influence of a Controlled Dangerous Substance (2C:35-10(b)(2)).

Result: Police failed to produce results of urine sample or Drug Recognition Expert (DRE) report despite repeated demands from attorney. Attorney obtained dismissal of DWI and Dismissal of the Criminal Charge. Client pled guilty to Reckless Driving and was fined $500 and had his license suspended for 45 days. All other motor vehicle charges were dismissed.

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2007: Municipal Court – Client, who was a surgeon, lost control of his vehicle and struck telephone pole in a severe head-on collision. Client did poorly on psych-physical testing at scene and had a Breathalyzer test result of .14% BAC facing upper tier DWI penalties of a 7 month to 1 year loss of driver’s license. Client was charged with Driving While Intoxicated (39:4-50) and Reckless Driving (39:4-96) (five motor vehicle points).

Result: Attorney reviewed discovery and found thermometer malfunction in after breath test certificate and successfully argued that test result was inadmissible. Client pled guilty to lower tier DWI based upon physical observations and was fined $256 with 3 month suspension of license. Reckless Driving charge was dismissed.

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2007: Municipal Court – Client traveling unusually slowly and made right on red cutting off other vehicle. Police officer smelled strong odor of alcoholic beverages and client did poorly on psycho-physical testing. Breathalyzer result was only .02% BAC well under the legal limit. Client charged with DWI (39:4-50) and Failing to Obey a Traffic Signal (39:4-144).

Result: Attorney argued that given the blood alcohol reading client could not be convicted. DWI was dismissed and traffic summons was amended to 39:4-97.2 (No Point violation)

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2007: Municipal Court – Police stopped client for backing up in the middle of a street. Client failed psycho-physical tests and was arrested for DWI (39:4-50). He admitted to drinking 4 drinks. The Alcotest machine reported results of .14% BAC but an internal check failed rendering the tests invalid. Client was then transported to another police department where Altotest Results of .14% BAC were again reported. Client was a first offender facing upper tier penalties of 7 to 13 month loss of driver’s license.

Result: Attorney determined that based upon the time the first Alcotest reported a test failure and the time the second Alcotest machine reported its first test result there was not sufficient time for the Police Officers to have transported the client from one police station to another and still have continually observed him for mouth alcohol or GERD for the required 20 minutes. Attorney hired an expert to compare the times who came to court to testify. Before the trial started the Prosecutor finally agreed that he could not prove the level of intoxication beyond a reasonable doubt and reduced the charge to a lower tier DWI. Client received 90 day license suspension, $400 fine, costs, and 12 hours IDRC.

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2007: Municipal Court/Superior Court – Client with severe alcohol and drug problem facing DWI charge in Municipal Court and separate DWI and Possession of Heroin charges from two separate arrests in Superior Court, came to attorney because he was not happy with the advice he was receiving from his family lawyer who told him he had no defense to DWIs but should not enter into an Inpatient Treatment Program because it would make him look bad to the Judge.

Charges in the Municipal Court included Driving While Intoxicated (39:4-50) (7 to 13 month suspension of license), Reckless Driving (39:4-96) (5 Points and up to 90 day license suspension), Failure to Maintain Lane (39:4-88) (2 Points), and Failure to Yield at Intersection (39:4-123) (2 Points).

Charges in the Superior Court included Possession of CDS (Heroin) (2C:35-10a1) on three occasions (3rd degree offenses each carrying with it up to 5 years in State Prison, up to a $35,000 fine, and a 6 month to 2 year loss of driver’s license), Wandering in a Drug Zone for the Purpose of Obtaining CDS (2C:33-2.1) (Disorderly Persons Offense – up to 6 months in jail and $1000 fine), and Possession of CDS in a Motor Vehicle (39:4-49.1) (2 occasions each carrying with it a mandatory 2 year loss of license).

Result: Attorney began by assisting client in entering an in-patient treatment program and deferring court dates until he had completed his treatment. Attorney then successfully defended the Municipal Court DWI by engaging an expert to prepare a report indicating that the Breathalyzer readings of .08% and .09% BAC were actually no more then a .07% BAC because of the margin of error in the machine used. Based upon this report the Court entered a finding of Not Guilty on the DWI and the Client pled guilty to the Reckless Driving Charge and was fined $206 with a 45 day suspension of his license. The charge of Failure to Maintain Lane was dismissed. The Improper Turn was amended to Delaying Traffic (39:4-56) a No Point violation.

In the Superior Court one of the Possession of CDS charges was amended to a Conspiracy to Possess CDS so Client did not lose his license on it and he was sentenced to Probation. The other two Possession of CDS charges were dismissed. A guilty plea was entered to the DWI charge with a $250 fine and a 7 month license suspension. Both of the Possession of CDS in a Motor Vehicle charges were dismissed.

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2007: Municipal Court – Client was a 33 year old woman accused in emotionally charged case of rear-ending an 18 year old girl’s car at high speed at a red light and fracturing her neck. Client’s blood alcohol level was twice the legal limit (.16%) and she had fled the scene of the accident. Victim’s parents and the Prosecutor were seeking 30 day jail sentence on DWI (39:4-50) and 180 days jail on Leaving the Scene of an Accident with Personal Injuries (39:4-129A) as well as a one year drivers license suspension on the DWI and an additional one year on the Leaving the Scene.

Result: Attorney convinced Prosecutor and Victim’s Parents that jail was inappropriate given the client’s excellent driving record and good character. Client pled guilty to DWI and Leaving the Scene and Reckless Driving (5 points) was dismissed. Client was sentenced on DWI to $406 fine and one year license suspension and on Leaving the Scene to $406 fine and 6 month concurrent suspension. No jail sentence was imposed.

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2006: Municipal Court – Police called to Domestic Dispute with alleged assault found client driving off in an automobile. Client admitted drinking and failed psycho-physical tests at scene. Breathalyzer readings were under the legal limit at .06% and .07%. Client charged with Simple Assault (2C:12-1a), DWI (39:4-50), and Reckless Driving (39:4-96).

Result: Criminal charge amended to Boro Ordinance with $156 fine. DWI Dismissed. Reckless Driving amended to Careless Driving with $356 fine and 15 day license suspension.

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2006: Municipal Court – Client charged with DWI (39:4-50) for Driving Under the Influence of Drugs after stopped for allegedly running stop sign and cutting off two vehicles while entering highway. Client had slow speech, staggered when walked, and failed field sobriety tests, and admitted to taking Ambien. Police Department had client examined by Certified Drug Recognition Expert (DRE) who noted various signs of being under the influence of a depressant including a pulse rate of 40. The DRE prepared a report giving the opinion that client was under the influence of a Central Nervous System Depressant. A Urine Test conducted by the State Police Laboratory was positive for Fluoxetine (the anti-depressantat Prozac).

Result: Client insisted that she was not under the influence of drugs and hired Attorney for a no holds barred attack on the State’s case. Attorney hired three experts to refute the State’s case. The first was Dr. John Brick, Ph.D., a psycho-pharmacologist. Dr. Brick prepared a report indicating that the symptoms that the DRE observed were consistent with an individual suffering from depression, not an overdose of Prozac. The symptoms were also consistent with the low pulse rate of 40 bmp which could cause fatigue and dizziness due to a lack of oxygen flow to the brain and should have been cause for the Officer to seek medical attention for the client, not arrest her for a DWI. Furthermore, fluoxetine is not a narcotic, hallucinogen, or habit-forming drug that would trigger a violation of the DWI Statute (39:4-50). The second expert was Herbert H. Leckie of DWI Consultants, Inc. a former New Jersey State Police Trooper and Certified Drug Recognition Expert. Mr. Leckie prepared a report indicating that the DRE report issued by the State was deficient and addressed technical issues with the DRE Progress Log and DRE Rolling Logs and the qualifications of the Police Officer as a DRE as well as the actual test results of the DRE Examination. The third expert was the defendant’s treating psychiatrist, a medical doctor, who prepared a report indicating that he had been treating the client for depression and had prescribed the fluoxetine. He provided the opinion that fluoxetine was not a narcotic, hallucinogenic, or habit-producing drug, and is not subject to abuse nor did it interfere with the client’s ability to operate an automobile. Based upon these reports the Prosecutor decided he could not prove the DWI beyond a reasonable doubt and the charge was dismissed. Client pled guilty to a charge of Careless Driving and was fined $106. No license suspension.

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2006: Municipal Court – Client fled state following DWI arrest in 1991 wanted to be able to get driver’s license in New Mexico.

Result: Attorney re-opened case, had warrant lifted, and had matter scheduled for trial. While the Police Officer was still available, the State was unable to produce the discovery and police reports. The DWI was dismissed and the client fined $100 contempt without having to come back to New Jersey.

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2006: Municipal Court – Client with prior DWI arrested for DWI (39:4-50) and Driving the Wrong Way on a One Way Street (39:4-85.1) faced penalties of a fine of between $500 and $1000, 2 year loss of license, 30 days community service, 2 to 90 days in jail, and installation of an ignition interlock device. Breathalyzer reading was .09% BAC which was over the .08% limit.

Result: Attorney hired an expert who challenged the reliability of the Breathalyzer calibration for test results at the levels between .08% and .10% and discussed the accepted margin of error generally present in the machine based upon simulator solution depletion and variations in temperature of an individual’s breath sample. The expert also attacked the validity of the psycho-physical motor testing performed indicating that the police officer failed to administer the Standardized Field Sobriety Tests (SFST) in the manner prescribed by the National Highway Traffic Safety Administration (NHTSA). The case was submitted to the Court based upon stipulated facts, the expert’s report, and the video tape of the psycho-physical tests. The Judge found the Defendant Not Guilty of the DWI, but, found the Defendant Guilty of Reckless Driving (39:4-96), as she had been operated the vehicle after consuming alcohol, fined her $250 with a 120 day suspension of her driver’s license.

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2006: Municipal Court – Pennsylvania resident involved in car accident who had blood alcohol level of .19% charged with Driving While Intoxicated (39:4-50), Careless Driving (39:4-97), Leaving the Scene of an Accident (39:4-129b), Failure to Report an Accident (39:4-130), and a criminal offense of Resisting Arrest (2C:29-2A). Client had a prior DWI charge in Pennsylvania for which he received an ARD (diversionary program) and was concerned that it would be treated as a 2nd Offense DWI in New Jersey.

Result: Attorney researched the Pennsylvania statute and convinced Prosecutor that it should not be treated as a prior offense for sentencing in New Jersey. Client pled guilty to DWI and received minimum first offender penalties of fines and penalties totaling $664, 7 month license suspension, and 12 hours IDRC. Leaving the Scene of an Accident which carried a six month loss of license was dismissed as well as the Careless Driving ticket. Client pled guilty to Failure to Report an Accident and was fined $100. Criminal charge was amended to a Borough Ordinance with $200 fine.

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2006: Municipal Court – New York Attorney charged with Driving While Intoxicated (39:4-50), Reckless Driving (5 Points), Possession of CDS in a Motor Vehicle (39:4-49.1) (2 year loss of license), Headlight Violation (39:3-66), Failure to Maintain Lane (39:4-88) (2 points), Possession of Marijuana (2C-10(a)(4), and Possession of Drug Paraphernalia (2C:36-2).

Result: Attorney filed Motion to Suppress Evidence contesting the validity of the automobile stop. A finding of Not Guilty was entered by the Judge on the DWI Charge following a trial on stipulated facts. A plea was entered to the charge of Reckless Driving and client received a $206 fine and a 45 day license suspension. Client received a Conditional Discharge on the Marijuana charge and six months of unsupervised probation with no license suspension. All other charges were dismissed.

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2006: Municipal Court – Client charged with Driving While Intoxicated (39:4-50) and Reckless Driving (39:4-96) (5 Point Violation).

Result: Attorney obtained Expert Report challenging accuracy of Breatholyzer on .08% reading for per se conviction and Prosecutor agreed to Dismissal of DWI charge. Reckless Driving ticket was amended to Careless Driving (2 Points) and client received $356.00 fine and 30 day license suspension.

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2005: Municipal Court and Superior Court Appeal – Client found semi-conscious behind wheel of car stopped in middle of road taken to hospital where blood test showed blood alcohol level of .24%. Attorney at trial challenged admissibility of blood test and proofs on operation of vehicle. Municipal Court Judge convicted and client’s license was suspended for 7 months. Attorney appealed to Superior Court and conviction was reversed. Superior Court Judge found Client Not Guilty. Click here to read the legal brief

2005: Municipal Court – Client charged with Driving While Intoxicated (39:4-50 DWI) and Refusal of a Breathalyzer (39:4-50.2). Potential penalty was $250.00 to $500.00 fine and six months to one year loss of license for each offense.

Result: Attorney challenged state’s proofs on operation of the motor vehicle and findings of not guilty on each charge was entered by the Court.

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2005: Municipal Court – Client charged with Driving While Intoxicated(39:4-50), Leaving the Scene of an Accident (39:129b), Open Container of Alcohol in Motor Vehicle (39:4-51a), and Reckless Driving(39:4-96).

Result: Attorney utilized Breathalyzer Expert to challenge the admissibility of the .14% blood alcohol Breathalyzer Result and client pled guilty to an amended charge of Careless Driving and was fined $250.00. The DWI and all other charges were dismissed.

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2005: Municipal Court – Client charged with Driving While Intoxicated (39:4-50 DWI), Reckless Driving (39:4-96), Underage DWI (39:4-50.14), Disorderly Persons Offense of Underage Possession of Alcohol in a Motor Vehicle (2C:33-15), License Plate Light (39:3-66), Failure to Keep Right (39:4-82), Provisional License Violation (39:3-13.8c), and Possession of Open Container of Alcohol in Motor Vehicle (39:4-51b). Potential Penalties included license suspension of up to one year, criminal record, and 7 motor vehicle points.

Result: Plea entered to Underage DWI ($200 fine, 30 days license suspension, and 30 days community service) and Boro Ordinance ($500 fine). All other charges dismissed. No criminal record. No motor vehicle points.

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2004: Municipal Court – Client charged with Driving While Intoxicated (39:4-50) and Reckless Driving (39:4-96) as a result of an automobile accident.

Result: Attorney obtained expert’s report reducing breathalyzer result to under per se limit and court entered a directed verdict of Not Guilty on the DWI. Client pled guilty to reckless driving and was given a 30 day license suspension.

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2004: Municipal Court – Client charged with DWI and Refusal of Breatholyzer. Potential penalties were 7 months to 1 year loss of license on DWI and consecutive 6 months to 1 year on Refusal. Attorney negotiated a plea to .08% DWI (lower tier) with a 90 day loss of license. Charge of Refusal of Breatholyzer was dismissed.

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2004: Superior Court – Client with extensive criminal record and multiple DWI convictions charged with Eluding a Police Officer (2C:29-2b) (3rd degree), Driving While Intoxicated (5th offense), Refusal of a Breatholyzer Test, Cracked Tail Lens, Failure to Exhibit Documents, Reckless Driving, Failure to Keep Right, and Hindering Prosecution.

Result: Plea to Eluding and DWI. Remaining charges dismissed. Five years probation conditioned upon serving 90 days county jail on DWI.

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2003: Municipal Court – Client charged with Driving While Intoxicated (DWI) and Reckless Driving.

Result: Obtained a Breathalyzer Expert’s Report indicating flaws in operator certification and ampoule testing. Court entered verdict of Not Guilty on DWI. Client who had rear-ended another car pled guilty to Reckless Driving and received a 60 day license suspension and $232.00 fine.

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1999: Municipal Court – Client charged with Driving While Intoxicated (DWI), Unlicensed Driver, and Speeding.

Result: Directed Verdict of Not Guilty on DWI, Guilty on Unlicensed Driver and Speeding – $200.00 fine.

*While all of these results were actually obtained by Randolph H. Wolf in the Municipal Courts and Superior Courts of the State of New Jersey, the success in these cases does not guarantee a similar success in any future case. Clients names have been removed to protect their privacy. Due to the delay in posting these cases to this web site some cases may actually have taken place in the year before their posting date as it appears above.

1. Unregistered vehicles shall not be permitted to be driven, parked or stand on a public highway.
2. A Police Officer is authorized to remove any such vehicle on a public highway.

39:3-9a Failure to Notify of Name Change; Failure to Sign License

1. DMV to be notified within two weeks after name change.
2. A license shall be endorsed in handwriting.

39:3-10 Driver’s License Required

1. A license or permit required to operate a motor vehicle.

39:3-11 Failure to Comply with Restriction Codes

1. A license was granted with reasonable conditions placed on the applicant such as the use of eyeglasses.

39:3-17.1 Continuation of Non-Resident Driving Privilege

1. Non-resident privilege ends 60 days after becoming resident.

39:3-29 Failure to Exhibit Documents

1. License, registration and insurance card to be exhibited upon request of Officer.
2. Government vehicle, vehicle under control of ICC, PUC or vehicles registered out of state are exempt from insurance requirement.

39:3-32 Lost, Damaged or Defaced License Place to be Replaced

1. Must be reported to DMV and replaced within 24 hours.

39:3-33 Display of License plates

1. Must be displayed not less than 12 inches, nor more than 49 inches height.
2. Must be horizontal, free from swinging, fee of obstruction.

39:3-36 Failure to Notify of Address Change

1. DMV to be notified within 1 week of change of address.

39:3-40 Driving While Suspended

1. No person shall operate a vehicle whose license privilege has been revoked.

Penalties for Violation of 39:3-40

• 1st Offense: $500, up to 6 months additional suspension.
• 2nd Offense: $750, 5 days in jail, up to 5 months additional suspension.
• 3rd Offense: $1,000 fine, 10 days in jail, up to 6 months additional suspension, 45 additional days in jail if involved in an injury accident.

39:3-44 Unsafe Vehicle

1. A vehicle in such condition as to endanger or likely to endanger a person or property shall not be driven, moved or parked on a highway.

39:3-47 Lighted Lamps Required

1. Any time from 1/2 hour after sunset to 1/2 hour before sunrise.
2. Any other time when visibility is less than 500 feet.
3. When windshield wipers are activated.

39:3-50 Color of Lamps

1. White or amber to front of vehicle.
2. Red or amber to rear of vehicle.
3. Permit required for flashing lights.

39:3-60 Improper Use of Multiple Beam Headlights

1. High beams not to be used within 500 feet of other vehicles.

39:3-66 Maintenance of Lamps

1. All lamps must be kept clean and in good working order.

39:3-69 Horn and/or Audible Warning Device

1. Every motor vehicle shall be equipped with a horn audible from a distance of not less than 200 feet used only when necessary to ensure safe operation.

39:3-70 Loud, Defective or No Muffler

1. All motor vehicles having a combustion motor to be equipped with muffler.
2. Must prevent excessive or unusual noise and annoying smoke.

39:3-71 Mirrors

1. Every passenger vehicle manufactured after 1/1/65 to be equipped with interior and driver’s side mirror.

39:3-72 Tires

1. Unsafe tire – any exposed ply or cord, any bump, bulge, knot or excessive tread wear.

39:3074 Windshields

1. At least one wiper required on driver’s side.
2. No stickers, posters, etc. on windshield.

39:3-75 Safety Glass

1. Vehicle shall not be driven with unduly fractured, discolored or deteriorated safety glass.

39:3-76.2a Child Restraints

1. Children up to 8 years shall be secured in a rear set with a federally approved child restraint system.

39:3-76.2f Required Wearing of Seat Belts

1. Every driver and front seat passenger of a passenger automobile shall wear a properly adjusted and fastened seat belt.

39:3-77 Unapproved Equipment or Devices

1. No person shall sell, offer or use any unapproved device or equipment for use on a motor vehicle.

39:3-79.1 Mud Flaps

1. Any bus, truck, full trailer or semi trailer exceeding a gross weight of 3 tons must be equipped with a rear wheel dirt flap.

39:3-81 Use of Studded Tires

1. Use of studded tires approved between 14 November and 1 April or as determined by director.

39:4-10 Lamps and Reflectors on Bicycles

1. Bicycles, when operated at night, shall be equipped with a lamp on the front which shall emit a white light visible at a distance of 500 feet. They shall also be equipped with a red lamp at the rear visible at a distance of 500 feet.

39:4-11 Audible Signal on Bicycles

1. No bicycle shall be operated unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet.

39:4-12 Improper Riding on Bicycle

1. A person on a bicycle shall not ride or carry another passenger on anything but a permanent and regular seat attached to the bicycle.

39:4-14 Hitching on Vehicles Prohibited

1. No person riding on a bicycle, coaster, skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
2. A person shall not ride a bicycle with his hands and feet removed from the handlebars and pedals, nor shall he practice trick or fancy riding in a street.

39:4-14.1 Rights and Duties of Bicycle Rider

1. Bicycle rider to comply with applicable provisions of Title 39.

39:4-32 Improper Crossing of Roadway by Pedestrian

1. Pedestrians shall not cross roadway against stop signal or traffic device or officer.
2. A pedestrian crossing one “go signal” has the right of way over all vehicles until he has reached the opposite curb.

39:4-34 Pedestrian to Use Crosswalk

1. Unlawful for pedestrians to cross any highway separated by medial barrier except where a provision is made for a crossing.
2. On all highways where no sidewalks or paths are provided, pedestrians shall, when practical, walk only on the extreme left side of the roadway or its shoulder facing traffic.
3. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

39:4-35 Pedestrians Right to Complete Crossing

1. Non-operator of a vehicle shall fail to give the right of way to a pedestrian at a crosswalk where the pedestrian has begun his crossing properly.

39:4-46a Display of Name and Address

1. Every commercial vehicle shall display the name of the owner or lessee and the municipality in which the owner or lessee has his principal place of business.
2. Franchised public utilities and fleets of 50 or more vehicles may display a corporate code instead.
3. The sign or nameplate shall be in plain view and lettering shall be as close as possible to 3 inches in height.

39:4-46b Display of GVWR

1. Vehicles over 26,000 pounds are to display a Gross Vehicle Weight Rating.

39:4-48 Owners of Consent to Use Motor Vehicle

1. No person shall operate or use a motor vehicle without the permission of the owner.

39:4-49 Tampering with a Motor Vehicle

1. No person shall tamper or interfere with a vehicle or put its engine in motion while it is standing without the permission of the owner.

39:4-49.1 Operating with Drugs in Possession or in Motor Vehicle

1. No person shall operate a vehicle on any highway while knowingly having in their possession any CDS as defined in schedules I, II, III, IV or V.

39:4-50 Driving While Intoxicate/Allowing Another to Operate

1. No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
2. .008% or more by weight of alcohol in the defendants blood.
3. No person is to allow operation of a vehicle by person under the influence or intoxicating liquor, narcotic, hallucinogenic or habit producing drug.

Penalties for Violation of 39:40-50

• 1st Offense: $250-$400, IDRC, 6 months – 1 year suspension, possible 30 days in jail.
• 2nd Offense: $500-$1,000, 30 days community service, 2-90 days in jail, 2 year suspension.
• 3rd Offense: $1,000 fine, 180 days in jail, 10 year suspension

39:4-50.2 Consent to Taking Breath Samples

1. A person who operates a vehicle on any public road, street or highway or quasi public area in this state shall be deemed to have given consent to the taking of breath samples to determine the content of alcohol in his blood.
2. No right to refuse or consult with anyone prior to taking the sample.

39:4-51a Consumption of Alcohol in Vehicle

1. A person shall not consume an alcoholic beverage while operating a vehicle.
2. A passenger shall not consume an alcoholic beverage while a vehicle is being operated.
3. Presumption of consumption if unsealed container in passenger compartment of vehicle appears to be partially consumed and operator or passenger has physical appearance of having consumed it.

39:4-52 Racing on Highway

39:4-53 Leaving Engine Running

1. No person shall leave a vehicle on a highway with its engine running and unoccupied by someone capable to control it.

39:4-56 Delaying of Traffic

1. No person shall drive or conduct a vehicle in such condition so constructed or so leaded to be likely to cause delay in traffic.

39:4-56.5 Abandonment of Vehicle

1. A vehicle which has remained on highway or the property in excess of 48 hours or without current license plates for any period.

39:4-56.6 Parking on Private Property without Consent

39:4-57 Failure to Comply with Directions of Officer

1. Drivers or vehicle shall, at times, comply with the direction by voice or hand of a police officer.

39:4-58 Driving with View Obstructed

39:4-59 Begging Rides Prohibited

39:4-60 Soliciting Trade or Contributions Prohibited

39:4-61 Tailboard Riding

39:4-63 Placing Injurious Substance on Roadway

1. Any glass, other sharp, injurious or cutting substance.

39:4-64 Littering

1. No person shall drop any bundle, object, article or debris of any nature from a vehicle, whether in motion or not, when such vehicle is on the highway.

39:4-67 Obstructing Passage of Other Vehicles

39:4-69 Riding on Parts not Intended for Passengers

39:4-71 Driving on Sidewalk

39:4-77 Loading so as to Spill

1. A load which extends above the height of sides or tailgate of a vehicle shall be covered by a tarpaulin or other cover.

39:4-80 Traffic Control by Officers

39:4-81 Disregard of Traffic Control Device

39:4-82 Keeping to Right

39:4-85 Improper Passing

39:4-86 Driving to Left of Center Line

39:4-88 Traffic on Marked Lanes

39:4-89 Following Too Closely

39:4-90 Right of Way at Intersections

39:4-92 Clearance for Authorized Emergency Vehicle

39:4-96 Reckless Driving

1. A person who drives a vehicle heedlessly, in a willful or wanton disregard of the rights of safety of others in a manner so as to endanger or likely to endanger person or property.

39:4-97 Careless Driving

1. A person who drives carelessly or without due caution and circumspection in a manner so as to endanger or likely to endanger person or property.

39:4-97a Destruction of Agricultural or Recreational Property

39:4-97.1 Impeding Slow Speed Prohibited

39:4-98 Speeding

39:4-11.5b Right Turn at Red Signal

1. Must come to a complete stop and yield to all traffic and pedestrians before proceeding.

39:4-123 Right and Left Hand Turns

39:4-123 Marked Turning Courses

39:4-125 Improper U-Turns

39:4-126 Failure to Signal Turn

39:4-127 Improper Backing or Turning in Street

39:4-128.1 Passed Stopped School Bus

1. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved was the person who committed the act.

39:4-129 Leaving the Scene of an Accident

Penalties for Violation of 39:4-129

• 1st Offense: $500 to $1,000 or imprisoned for 180 days or both.
• 2nd Offense: Not less than $1,000 nor more than $2,000 or imprisoned for 180 days or both.

39:4-135 Improper Parking

1. Parallel with edge of the curb.
2. Facing in the direction of traffic.
3. Within 6 inches of the curb.

39:4-136 Parking on Highway

1. Clear and unobstructed width of 15 feet upon the roadway opposite the standing vehicle.
2. Clear view of the vehicle may be obtained from a distance of 200 feet in each direction upon the roadway.
3. Person shall immediately, by quickest means, notify the nearest police authority.
4. Police Officer may remove vehicle.

39:4-137 Parking Brake to be Set

39:4-138 Parking Prohibitions

1. Within an intersection
2. On a crosswalk
3. Between a safety zone and adjacent curb
4. In front of a driveway
5. Within 25 feet of an intersecting road or crosswalk
6. On a sidewalk
7. In a No Parking area
8. Tithing 50 feet of a stop sign
9. Within 10 feet of a fire hydrant
10. Within 50 feet of a rail crossing
11. Within 25 feet of a driveway to a fire station
12. Alongside a street excavation
13. On the roadway side of any stopped vehicle
14. Upon any bridge or elevated roadway
15. In a handicapped spot

39:4-144 Failure to Stop and Yield

39:4-183.3 Display of Unauthorized Traffic Signals

39:5-35 Failure to Surrender Suspended Drivers License

39:6B-2 Uninsured Vehicle

1. Vehicle registered or principally garaged in NJ

Penalties for Violation of 39:6B-2(click for more info)

• 1st Offense: $300, period of community service, 1 year suspension.
• 2nd Offense: $500, 14 days in jail, 30 days community service, 2 year suspension.

39:8-1 Failure to Inspect
39:8-4 Failure to Make Repairs or Re-Inspect
39:8-6 Failure to Display Inspection Sticker
39:8-9 Refusal to Inspect

A citation for this violation of the New Jersey law may result in fines, community service, license suspension and surcharges according to the NJ Motor Vehicle Commission.

The New Jersey statutes state that every owner or registered owner of a motor vehicle registered or principally garaged in this state shall maintain motor vehicle coverage, under provisions approved by the Commissioner of Insurance.

A first time infraction of NJSA 39:6B-2 (driving without liability insurance) includes a fine of at least $300 and up to $1000, community service, DMV surcharges of $250 for 3 years, and the loss of license for up to one year. There are court costs and fees that are required to be paid as well as the penalties listed above.

A second offense comes with penalties of a fine up to $5000, a mandatory jail sentence of 14 days, 30 days community service and a license suspension for 2 years or more. State laws and statutes are always being changed and updated though so if you were cited for being an uninsured motorist in NJ, you may want to contact the courts to find out what exact penalties you are facing.

The NYSDMV does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario. Under special agreements, traffic convictions in Quebec or Ontario are recorded on NYS driver license records and carry points. Except for violations in Ontario and Quebec, points are not added to your NYS record for out-of-state violations.

If you do not respond to a ticket or fail to pay a fine for a moving violation that you committed in any state except Alaska, California, Michigan, Montana, Oregon or Wisconsin, the DMV suspends your NYS driver license until you respond to the ticket or pay the fine. If a driver from a state except these six states fails to respond to a traffic ticket issued in NYS, their driver license will be suspended until the driver responds to the traffic ticket in NYS.

Drivers from other states must contact the DMV in their home state to get information about the effect of a traffic violation conviction that occurs in NYS.

If you receive a conviction for an alcohol-related or drug-related driving violation in any state, your NYS driver license is revoked for at least six months.

The official position is not the experience reported to me by many NY Drivers. They tell me that New York divides out of state tickets into minor and major varieties and that violations such as Reckless Driving which is 5 NJ points does transfer over to their NY licenses. They also inform me that even a 4 or 2 point speeding ticket received in NJ causes their NY insurance rates to go up. I would be very interested in hearing about your experiences.

Out-of-State Violations

Massachusetts has arranged to share driving-record and criminal-violation information with other states. Certain traffic offenses you have committed in other states will be placed on your driving record and treated by the RMV as if they had occurred in Massachusetts.

As explained later in this chapter, out-of-state violations count toward possible license suspension and automobile insurance surcharges. Furthermore, if your license or driving privileges have been suspended or revoked in another state, your Massachusetts license will be suspended automatically.

Out-of-State Suspensions

If your driving privileges have been suspended or revoked in another state, your Massachusetts driver’s license will be suspended until your out-of-state suspension or revocation is resolved. Once your license has been reinstated in the state that suspended or revoked it, you can settle your Massachusetts suspension by bringing either a reinstatement letter or a current driving record from the state of suspension to any full service RMV Branch. For certain offenses, you may be required to submit additional information. Your reinstatement letter or driving record must be no more than 30 days old. Each state in the United States is required to notify the Massachusetts RMV of any traffic offenses you commit out of state. Again, these offenses will be treated as if they occurred in the Commonwealth if they are a “like” offense.

To determine what is a “like” offense, the RMV will look at what conduct the other state’s law prohibits, not whether or not the other state chose to assess a higher or lower penalty, or treat the offense as a civil or criminal infraction.

Massachusetts state law requires the RMV to apply Massachusetts license suspension rules to any of these out-of-state violations, even if an offense did not cause a suspension in another state.

If you hold a Florida license and have received a ticket in another state, they will send Florida the ticket information and it will be added to your record. You will receive points on your license if the ticket is a point-accessible violation according to Florida Statute 322.27(3). Florida law does not allow any school or program to remove points for a ticket received in another state.

Any unpaid ticket reported by another state will result in the suspension of your Florida license. If this has happened you must contact the county where you received the ticket and obtain a receipt with the Court seal. You must present this receipt to DHSMV via fax (850-617-5178), or mail, or in person at any Florida Driver License Office. There will be a D6 suspension reinstatement fee due if the ticket was paid after the Florida suspension date. If you are not sure if you owe the D6 suspension reinstatement fee or have trouble contacting the county where you received the ticket, please call 850-617-2000 or inquire at your local Driver License Office in person.