NJ May Soon Eliminate DMV Surcharges, Institute Restricted Licenses

August 24, 2018 · Posted in Blog, License / Insurance Blog, Traffic Law Blog 

by Amanda F. Wolf, Esq.*

As attorneys handling DWI and other Motor Vehicle matters, the most common question we get is whether New Jersey has any kind of work license or restricted license program for people who have their license suspended by a Court for such matters as DWIs or by the Division of Motor Vehicles for getting too many points or for driving during a suspension period.  We also receive numerous calls asking how to get rid of NJ MVC Surcharges or if there is a way to reduce them to a reasonable amount. Unfortunately, the current answer to all of these questions is “No.” New Jersey currently has no program for issuing restricted or work licenses and the only way to get out of paying surcharges is to file for bankruptcy. However, there have been several recent pushes, both by the NJ Supreme Court and the State Legislature which may have a positive impact on creating change. Read More »

MOTOR VEHICLE SUSPENSIONS FOR VIOLATIONS COMMITTED DURING PROBATION PERIOD

May 20, 2017 · Posted in Traffic Law Blog 

The New Jersey Division of Motor Vehicles schedules the suspension of drivers who commit motor vehicle offenses while they are on probation. The authority for doing so comes from N.J.S.A. 39:5-30 and 39:5-30.10. Drivers whose licenses are restored after a suspension under N.J.A.C. 13:19-10.2, who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver are subject to suspension if within one year they commit any motor vehicle violations. Read More »

NJ Driver Unaware He Was Driving Without Insurance

May 15, 2017 · Posted in License / Insurance Blog 

DRIVING WITHOUT INSURANCE UNDER 39:6B-2 WHEN DRIVER OF CAR IS NOT THE OWNER AND DOES NOT KNOW THE CAR IS UNINSURED, PROPER REQUIREMENTS TO CANCEL AUTO INSURANCE POLICY IN NEW JERSEY, AND DEFENDING CHARGE OF 39:3-40 DRIVING WITH SUSPENDED REGISTRATION

We recently appeared in the Colts Neck Municipal Court representing a young man charged with driving without insurance under 39:6B-2 and driving a car with a suspended registration under 39:3-40. These are both serious violations. The uninsured ticket carries with it a fine of between $300 and $1000, community service, and a one year license suspension. The driving with a suspended registration carries with it a fine of $500 and a 6 month suspension of license.
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Successful Outcome for Client Charged with Fourth Cell Phone Ticket in New Jersey

June 8, 2016 · Posted in Blog, Cell Phone Ticket Blog 

Just recently, the Law Office of Randolph H. Wolf represented a client that was being charged with their fourth cell phone violation in New Jersey. As a fourth offense, pursuant to New Jersey’s hands free driving law, N.J.S.A. 39:4-97.3, the client faced a fine of between $600.00 and $800.00 dollars, the assessment of 3 motor vehicle points, and up to 90 days of driver’s license suspension. Read More »

How to Respond to a Notice of Proposed Suspension from the MVC

May 27, 2016 · Posted in Blog, License / Insurance Blog 

If you have received a Notice of Proposed Suspension from the New Jersey Motor Vehicle Commission (“MVC”) it is imperative that you act immediately in order to prevent your driver’s license from being suspended.  All Notices of Proposed Suspension will contain the following information: (1) a notice that the MVC intend to suspend you driving privileges; (2) the reason for the proposed suspension; and (3) the effective date of the proposed suspension.
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Pharmaceutical Sales Representatives: How to Clean Your New Jersey Driving Record

February 9, 2016 · Posted in Blog, License / Insurance Blog 

As a Pharmaceutical Sales Representative, you know just how important it isto have a clean driving record, but you also know how difficult it is to keep it that way.   Your position probably requires you to spend a significant amount of time in your car, or – as some Pharmaceutical Sales Representatives have described it – your “mobile office.” With the increased time spent driving, the likelihood of obtaining motor vehicle infractions is also increased, however.  Even if you consider yourself safe driver, sometimes motor vehicle infractions are inevitable, especially when you spend hours on the road on a daily basis.

For Pharmaceutical Sales Representatives, however, having any violations of your record – even those non-moving violations which carry zero points under New Jersey law – can pose significant problems with your employment.  Pharmaceutical companies have strict policies in place when it comes to the Motor Vehicle Records (“MVRs”) of their employees – and for good reason.  Insurance rates for at-risk drivers are higher.
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Defense to a Refusal Charge in New Jersey: The Confusion Doctrine

December 10, 2015 · Posted in Blog, DWI / DUI Blog, Traffic Law Blog 

There are very few defenses to a refusal charge in New Jersey.  In order to be found to have refused a breath test in violation of N.J.S.A. 39:4-50.4, the State must prove the following four essential elements:

(1) probable cause to believe that the defendant had either been driving or was in control of a motor vehicle while intoxicated;

(2) police officers in fact arrested the defendant for driving while intoxicated;

(3) officers informed the defendant of the consequences of refusing to submit to a breath test and subsequently request that defendant submit to a breath test; and;

(4) the defendant refused to submit to the breath test.

[State v. Marquez, 202 N.J. 485, 503 (2010).]

If you are arrested on suspicion of driving while intoxicated (DWI), however, it can be a confusing and intimidating situation.  There are many questions that may run through your mind, such whether or not you have a right to refuse the test or consult with an attorney before deciding whether or not to submit to the breath test.  In fact, the various statements read by police officers to individuals arrested for suspicion of DWI can often compound this confusion.

Police officers first usually read the DWI the Miranda warning, followed by the “implied consent” warning.  While the Miranda warnings state that a defendant has the right to remain silent and the right to consult with an attorney, the “implied consent” warning specifically informs the suspect that the right to remain silent and the right to consult with an attorney do not apply to the taking of breath tests.
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Did I Run A Red Light (N.J.S.A. 39:4-105) or Fail to Observe a Traffic Signal (N.J.S.A. 39:4-81) in New Jersey?

October 1, 2015 · Posted in Blog, Traffic Law Blog 

The Traffic Signal Was Yellow When I Entered the Intersection.

It has happened to all of us. You’re in a hurry, the traffic signal is yellow, and you think you can make it. Suddenly, just as you are either approaching the intersection, or passing through the intersection, the light turns red.

Did you technically run a red light?

A ticket in violation of N.J.S.A. 39:4-81 (failure to observe traffic signal) is very similar to one for N.J.S.A. 39:4-105 (failure to stop for traffic light) and police officers typically write for either one of these violations when a driver runs a red light in New Jersey.

The penalties for running a red light in violation of N.J.S.A. 39:4-105 or for failing to observe a traffic signal in violation of N.J.S.A. 39:4-81 are actually quite serious and could end up costing you a great deal. Thus, it is important to be aware of these consequences and to hire an experienced traffic attorney to fight the ticket.
Read More »

Medical Reviews and Driver Reexaminations for Senior Drivers in New Jersey

September 25, 2015 · Posted in Blog, Traffic Law Blog 

Numerous factors can affect our driving skills as we age. Elderly drivers, for example, may experience declines in hearing, vision, memory, and reaction time, thereby hindering their ability to safely operator a vehicle. In order to evaluate drivers who might be unsafe, the New Jersey MVC has a Medical Fitness Review Unit. The Medical Fitness Review Unit is in charge of performing medical evaluations in order to determine if a driver is safe to operate a motor vehicle.

The medical fitness review process can be complex. Although this process is conducted on a case-by-case basis, the following information provide a general overview of the process. Read More »

Can New Jersey Courts Court Prior Cell Phone Violations Against You?

August 28, 2015 · Posted in Cell Phone Ticket Blog 

In July of 2013, New Jersey’s cell phone statute, N.J.S.A. 39:7-97.3, was revised to provide for increased penalties, including a fine of between $200.00 and $400.00 for a first offense, a fine of between $400.00 and $600.00 for a second offense, and a fine of between $600.00 and $800.00 for a third offense. In addition, for a third or subsequent offense, the court can assess three motor vehicle points and suspend your license for up to 90 days.

The cell phone statute does contain a “step down” provision. Pursuant to the statute, if a second cell phone offense occurs more than ten years after a first cell phone violation, for sentencing purposes, the court must treat the second conviction as a first offense. Likewise, if a third violation occurs more than ten years after a second violation, the court must treat the third conviction as a second offense. Read More »

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