Driving Privileges and Penalties Ms. Dias Chapter 7 Driving Privileges and Penalties Ms. Dias

4 In addition to scoring a 3.0, students will be able to teach about the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel. 3 Students will demonstrate an understanding of the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel. SWBAT: Discuss ways to minimize fatigue. SWBAT: Discuss and define the many problems of inattention and distractions and the risks they create. SWBAT: Understand how emotional states affect a driver’s ability to drive and act safely. SWBAT: Understand and explain the many effects of alcohol on driving skills. SWBAT: List legal and illegal drugs that can impact driving ability. SWBAT: Define the zero-tolerance law and impaired driving and know the consequences of drinking over the limit. 2 Students will be able to demonstrate understanding of the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel, but are unable to teach this to their peers. 1 Students will be able to recognize and recall specific terminology related to the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel, but cannot apply it to a given situation, even with teacher assistance.

Unit Goal TSWBAT: Driving impaired greatly increases risk. Develop an understanding of psychological impairments and how they affect all aspects of a person’s life.

Lesson Objective TSWBAT: Demonstrate an understanding for the various driving privileges and penalties. Understand the ways in which a person could lose their driving privileges. Understand what the Implied Consent Law is. Demonstrate an understanding of what an Ignition Interlock Device is. Understand what IDRC means. Understand the various types of motor vehicle violations.

Driving is a privilege, not a right!

The Driving Priviledge State law allows or requires an individuals driving privilege to be suspended for certain motor vehicle violations, which means the driver license will be taken away and the motorist may not drive for a stated period of time. In addition to license suspensions, fines and imprisonment may also be imposed for moving violations. To avoid any problems, it is important to know and obey the New Jersey traffic laws, which are in place to protect every motorist.

How to Lose Driving Privileges failure to appear in court or to pay fines failure to pay surcharges driving while suspended failure to provide proof of insurance physical or mental disqualification drug or alcohol use repeated traffic law violations reckless driving (without regard for life or property) vehicle abandonment on a public highway at fault in a fatal accident

This is “Zero Tolerance” Underage Drinking Motorists under 21 years old, the legal age in New Jersey to purchase and/or consume alcoholic beverages, found with a blood alcohol concentration above .01 while operating a motor vehicle will be penalized. (As of January 5, 2004, .08 percent BAC is considered driving under the influence in New Jersey for motorists 21 years or older.) This is “Zero Tolerance”

Underage Drinking If a person under the age of 21 does not have a driver license, the suspension starts when he/she is first eligible to receive a license. Also, the person may be required to participate in an alcohol education or treatment program.

Mandatory Penalties: First offense/BAC .08 - .10: 3 month driving privilege suspension • $250 to $400 fine • 12 to 48 hours in an Intoxicated Driver Resource Center (IDRC) • up to 30 days imprisonment • $230 per day IDRC fee • $100 Drunk Driving Fund fee • $100 Alcohol Education, Rehabilitation and Enforcement Fund fee • $1,000 annual surcharge for three years • $75 Safe Neighborhood Services Fund fee

Mandatory Penalties: First offense/BAC .10% or more • 7 months to 1 year driving privilege suspension • $300 to $500 fine • 12 to 48 hours in an IDRC • up to 30 days imprisonment • $230 per day IDRC fee • $100 Drunk Driving Fund fee • $100 Alcohol Education, Rehabilitation and Enforcement Fund fee • $1,000 annual surcharge for three years • $75 Safe Neighborhood Services Fund fee *Surcharges are fines assessed by MVC on an annual basis for drivers who have earned excessive points or committed a specific violation such as DUI. Surcharges are in addition to any court fines/penalties.

Breath Test Implied Consent Law Any motorist on NJ roads agrees to submit a breath test given by law enforcement or hospital staff. Motorists refusing to take a breath test in New Jersey are subject to an MVC insurance surcharge of $1,000 a year for three years. Failure to pay this surcharge will result in an indefinite driver license suspension until the fee is paid. Under state law, refusal to take a breath test is equal to driving with a BAC of .10% for the first offense.

Breath Test Under state law, refusal to take a breath test is equal to driving with a BAC of 0.1% for a first offense

Breath Test The current penalty for both is the loss of driving privileges for between seven months and one year, to run concurrently or consecutively based upon a judge’s order.

Ignition Interlock Device A motorist who is convicted of a DUI must install a ignition interlock device in their vehicle. This device is attached to the vehicle with a built in Breathalyzer and prevents the vehicle from starting if the motorist’s BAC exceeds .05%. The interlock requirement is in addition to any other penalty required under the states drunk driving statute.

Ignition Interlock Device 1st DUI offense with BAC of less than 0.15%: Installation of device for 6 months-1 year. ( judge’s. discretion ) 1st DUI offense with a BAC of 0.15% or higher or refusal to submit to a breath test: 6 months to 1 year of registration privileges. 2nd DUI offense or refusal to submit to a breath test: 1-3 years suspension of registration privileges.

Intoxicated Driver Resource Center State law requires that any motorist charged with an alcohol-related traffic offense must be detained at an IDRC. During detention, all offenders attend an alcohol and highway safety education program. The center also evaluates each offender for an alcohol or drug problem to determine if they need treatment. Treatment is at least 16 weeks.

Motor Vehicle Violations

Unsafe Driving A conviction of unsafe driving that endangers a person or property requires payment of a fine of not less than $50 or more than $150 for a first offense! There is also a $250 court surcharge for each offense.

Abandoning a Vehicle Abandoning your vehicle for more than four hours or more without permission are subject to a fine of not less than $100 or more than $500 and possible loss of driving privileges for up to two years.

Ice and Snow Motorists of private vehicles face $200-$1,000 for each time ice flies from their vehicle and causes death, injury or property damage Fines for commercial owners and operators ranges from $500- $1,500

Suspended license Driving while a license and/or registration is suspended and having a collision that causes injury to another person will result in a fine, continues suspension and the potential for a minimum 45-day jail sentence.

Other Violations… Reckless driving Carrying an alcoholic beverage Highway construction zones (speeding) 65 mph zone (speeding 10 mph or more) Failure to comply Insurance fraud Drug offense Hit and Run Lying on application (registration) Pg. 117-119 in Driver’s Manual

Driver Programs

Driver Improvement Program Motorists who accumulate between 12 and 14 points in a 24-month period will receive a Notice of Scheduled Suspension by mail from the MVC. Upon receiving the notice, a motorist can do one of the following: -Attend a NJ Driver Improvement Program -Request a hearing -Surrender his/her driver license for the suspension period After completion of a Driver Improvement Program or after restoration of a motorist’s driving privilege, he/she will be in a probationary period for 1 year.

Defensive Driving Course Voluntary course given in-class or as an online program. 2 points will be removed from record after completing a driver improvement program for $100.00. Upon completion of the Defensive Driver Program: Teach defensive driver skills Reduces insurance rates 2 points off record

Probationary Driver Program A motorist begins a 2 year probationary driver period after receiving a special learner or examination permit. During this period, a motorist convicted of 2 or more moving violation totaling 4 or more points must enroll in a Probation Driver Program. Costs $150 Completion of this program will result in a three-point reduction on an individual motorist’s history record.

Point System

Point System MVC keeps track of individual driving records through a point system that assigns points to each traffic violation, moving or otherwise. The more serious the violation, the more points added to a driver’s record. Driving on private property – 2 pts Improper turns – 3 pts Speeding 15 – 29 MPH over limit – 4 pts Reckless Driving – 5 pts Speeding 30 MPH or more over limit – 5 pts

Point System Motorists accumulating between 12 and 14 points within 2 years will receive a Notice of Scheduled Suspension by mail from MVC. Up to three points will be subtracted from driving records every 12 consecutive months a motorist is not convicted of an offense or suspended. A point total can never go below zero.

Surcharges and Points Motorists accumulating six or more points within three years are subject to a surcharge of $100 for six points and $25 for each additional point.

Moving Violations Violation Points Failure to yield to pedestrian in a crosswalk 2 Operating a vehicle on public or private property to avoid a traffic signal or sign Reckless Driving 5 Tailgating http://www.state.nj.us/mvc/Violations/penalties_pointSchedule.htm

4 In addition to scoring a 3.0, students will be able to teach about the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel. 3 Students will demonstrate an understanding of the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel. SWBAT: Discuss ways to minimize fatigue. SWBAT: Discuss and define the many problems of inattention and distractions and the risks they create. SWBAT: Understand how emotional states affect a driver’s ability to drive and act safely. SWBAT: Understand and explain the many effects of alcohol on driving skills. SWBAT: List legal and illegal drugs that can impact driving ability. SWBAT: Define the zero-tolerance law and impaired driving and know the consequences of drinking over the limit. 2 Students will be able to demonstrate understanding of the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel, but are unable to teach this to their peers. 1 Students will be able to recognize and recall specific terminology related to the dangers of inattentive driving, drinking and driving, drugs and driving and the importance of a clear, healthy state of mind before getting behind the wheel, but cannot apply it to a given situation, even with teacher assistance.