1. Ch. 7: Driver Privileges & Penalties
Manual pg. 109
Smojver

2. Driving: A Privilege or Right?
Driving is a privilege
Why?
State can suspend a license
Fines & Imprisonment
Reasons for loss of privileges:
Traffic law violation
Failure to provide proof of insurance
Physical/mental disqualification
Failure to appear in court/pay fines
Etc.

3. Driving Under the Influence
A person must be 21 to purchase, possess or consume alcohol

4. DUI Penalties 1st offense DUI – BAC .08% or more but less than .10%
3 month suspension of driving privilege
Fines & Fees
Intoxicated Driver Resource Center ($230/day)
Imprisonment
$1,000 surcharge for 3 years
Interlock Device for 6 mo. – 1 year

5. DUI Penalties 1st Offense BAC .10% or more
7 month – 1 year suspension of driving privilege
IDRC
Fines & Fees
Interlock Device for 6 months – 1 year

6. DUI Penalties 1st Offense Underage DUI – BAC .01%-.08%
30-90 day license suspension
15-30 days of community service
IDRC

7. Breath Tests Implied Consent Law
Motorists have already agreed, simply by using NJ roads, to submit to a breath test given by law enforcements or hospital staff following an arrest for a drinking and driving offense.

8. Implied Consent - Refusal
Motorists who refuse to take a breath test will be detained and brought to a hospital where blood may be drawn.
Motorists who refuse to take a breath test are also subject to a MVC insurance surcharge of $1,000 per year for 3 years.
Refusal to take a breath test is equal to driving with a BAC of .10% for a first offense

9. Ignition Interlock Device
Device is attached to the vehicle with a built in breathalyzer and prevents the vehicle from starting if the motorists BAC exceeds .05%.

10. Ignition Interlock Device
First Offense DUI
6 months to 1 year
Second Offense DUI
1 to 3 years or 2 year suspension
Third Offense DUI
1 to 3 years or a condition when having license restored after a 10 year suspension

11. Intoxicated Driver Resource Center
The center evaluates each offender for an alcohol or drug problem and determines the need for treatment
Those deemed in need of treatment are referred to appropriated driver for at least a 16 week program

12. Motor Vehicle Violations
Reckless Driving
Punishable by imprisonment of up to 60 days or by a fine of $50-$200
Carrying Alcoholic Beverages
Open or unsealed alcoholic beverages in passenger area of motor vehicles
Punishable by fine of $200 for a fist offense. For all subsequent offenses fine of $250 or 10 days of community service
65 mph Zone
Speeding 10+ mph above posted speed limit means doubled fines

13. Motor Vehicle Violations
Hit & Run
Hit and run involving injury or death results in fine of $2,500-$5,000 and/or 180 days in jail.
First offense also loses license for 1 year
For all subsequent offense, motorists permanently lose license.

14. Motor Vehicle Violations
Driving While Suspended
First Offense: Fine of $500, jail sentence, and up to 6 mo. additional license/registration suspension
Second Offense: Fine of $750, jail sentence, up to 6 mo. additional license/registration suspension
Third Offense: Fine of $1,000, a 10-day jail sentence, up to 6 mo. additional license/registration suspension.

15. Motor Vehicle Violations
Additional Penalties for Driving while Suspended
If driving while suspended and having a collision that causes injury to another person will result in a fine, continued suspension, and the potential for a minimum 45 day jail sentence.

16. Boater DUI
Suspended from boating and all driver license privileges and fined $ for the first offense, $500-1,000 for the second, and $1,000 for the 3rd offense.
Violators under the age of 17 will have their vehicle and moped license delayed for 3 months.

17. Graffiti
If an individual is at least 13 years old but under 18, they may have driving privileges suspended or postponed for graffiti conviction

18. False Alarms
If an individual sets a false alarms they will have their license and all other driving licenses suspended for 6 months
If under 17 driving privileges will be suspended 6 months following their 17th birthday

19. Driver Programs
If a driver accumulates points in a 24 month period they will receive a “Notice of Scheduled Suspension” in the mail
NJ does not have any conditional license laws
Meaning, if your license is suspended you may not drive for ANY reason. Even if your job requires you to drive for employment.

20. Driver Programs
A motorists who successfully completes a Driver Improvement Program will have 3 points removed from their record
The class fee is $150 & after completion of the program or after restoration of a motorists driving privilege, he/she will be in a probationary period for 1 year.
Defensive Driving Program
2 points will be removed after completion (1x every 5 years)
May qualify for insurance reduction

21. Probationary Driver Program
After receiving a special learners permit or examination permit a driver begins a two-year probationary driver period
If, during this period, a driver is convicted of 2 or more moving violations totaling 4 or more points a driver must enroll in the Probationary Driver Program.

22. Point System MVC keeps track of driving record through points.
The more serious the violation, the more points
For every 1 year of safe driving, 3 points will be subtracted from your driving record
However, the total will never be below 0
Habitual Offender
A motorist who’s license has been suspended 3 times in 3 years

23. Point System
Failure to stop for pedestrian in crosswalk/passing vehicle yielding to pedestrian = 2 pts
Racing on Highway = 5 pts.
Operating Vehicle on Private Property to avoid traffic control sign/signal = 2 pts.
Failure to Keep Right = 2pts.
Tailgating = 5 pts.
Reckless Driving = 5 pts.
Improper U-Turn = 3 pts.
Leaving Scene of Accident:
No injury = 2 pts.
Injury = 8 pts.
Moving Violating out of State = 2 pts.