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DRIVER PRIVILEGES

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Title: DRIVER PRIVILEGES


1
DRIVER PRIVILEGES
PENALTIES
  • CHAPTER 6

2
As required by New Jersey law, a motorists
driving privileges will be
  • Suspended for some violations.
  • These laws are designed to protect every driver.
  • Thorough knowledge of New Jerseys traffic laws
    is necessary for every driver.

3
  • Depending on a drivers history of traffic
    violations, a suspension or revocation of driving
    privileges could occur.
  • Suspensions are decided on a case-by-case basis.
  • If the sentence is not mandatory, the Chief
    Administrator of Motor Vehicle Commission (MVC),
    or courts, may suspend driving privileges.

4
2) You may lose your driving privileges
  • Failure to appear in court
  • Failure to pay surcharges
  • Driving while suspended
  • Failure to provide proof of insurance
  • Physical or mental disqualification
  • Drug or alcohol use
  • Repeated traffic violations
  • Reckless driving
  • Vehicle abandonment on public highway
  • At fault in fatal accident

5
3) MVCs Chief Administrator
may require a
  • Re-examination for any driver considered a
    problem driver
  • This re-examination will help to determine
    whether driving privileges will be suspended.

6
4) Motorists under 21 years old, the legal age in
New Jersey to purchase and/or consume alcoholic
beverages, found with a blood alcohol
concentration (BAC) above .01 while operating a
motor vehicle will be
  • PENALIZED

7
5) As of January 5, 2004, .08 percent BAC is
considered..
  • driving under the influence in New Jersey for
    motorists 21 years or older.

8
6) Mandatory Sanctions pertaining to motorists
under 21 years of age with a BAC above .01 for
the 1st offense include
  • The following sanctions pertain to motorists
    under 21 years of age with a blood alcohol
    concentration above .01 percent.(First Offense
    only)
  • 7 months to 1 year driving privilege suspension
  • 300 to 500 fine
  • 12 to 48 hours in an IDRC
  • up to 30 days imprisonment
  • 75 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
  • The following sanctions pertain to motorists 21
    years of age or older with a blood alcohol
    concentration between .08 and .10 percent.(First
    Offense only)

  • 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
  • 75 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

9
7) New Jersey has an
  • Implied
  • Consent
  • Law

10
8) Drivers on New Jersey roadways have agreed,
simply by using New Jersey roadways, to submit to
a.
  • BREATH TEST given by law enforcement or hospital
    staff following an arrest for a drinking and
    driving offense.
  • Motorists refusing to take a breath test will be
    detained and brought to a hospital, where
    hospital staff may draw blood.

11
9) Motorist refusing a breath test in
New Jersey are subject to an.
  • MVC insurance surcharge of 1,000 a year for
    three years.

12
10) Failure to pay this surcharge will
result in
  • an indefinite driver license suspension until the
    fee is paid.

13
11) An April 2004 state law made the
refusal to submit to a breath test
equivalent to.
  • driving with a BAC of .10 or higher for a first
    offense.

14
12) 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.

15
13) MVC keeps track of individual driving
records through a.
  • point system that assigns points to each traffic
    violation,moving or other-wise.

16
Moving Violation Point Values
  • Violation

    Point Value
  • Using a counterfeit license, registration or
    insurance identification
    2
  • Driving on private property to avoid traffic
    signal or sign
    2
  • Failure to give way to passing vehicle

    2
  • Failure to observe HOV lane restrictions

    2
  • Failure to yield to pedestrian in crosswalk

      2
  • Other moving violations

    2
  • Speeding 1-14 mph above legal limit

    2
  • Leaving scene of accident (property damage)

    2
  • More than one person on a motorized bicycle

    2
  • Moving violations out-of-state

    2
  • Operating motorized bicycle on a restricted
    highway
    2
  • Improper turns

    3
  • Speeding 15-29 mph above legal limit

    4
  • Improper passing 
  • of a frozen dessert truck

    4
  • on right or off roadway

    4
  • in a no passing zone

    4
  • on NJ Turnpike, Garden State Parkway
    Atlantic City Expressway
    4

17
14) The more serious the violation, the
  • more points added to a driver s record.

18
15) Two points will be added to your
driving record for
  • Offenses committed in states that belong to
    Interstate Compacts to which New Jersey belongs.

19
16) Up to 3 points will be subtracted
from your point total.
  • For every 12 consecutive months a motorist is not
    convicted of an offense or suspended.
  • A point total will never be reduced below zero.

20
17) New Jersey belongs to two Interstate
Compacts. Members exchange
  • information among member states regarding traffic
    violations in other jurisdictions.

21
18) Motorist accumulating 12 to 14
points within 24 months will receive
  • a Notice of Scheduled Suspensions by mail from
    MVC

22
19) Voluntary Defensive Driving
Programs
  • Teach defensive driving skills
  • Potentially reduce auto insurance rates
  • Reduce a motorists driver history record

23
20) Motorist begin a two-year
probationary driver period after receiving
a
  • special learner or examination permit.
  • During the probationary period, motorists
    convicted of two or more moving violations
  • totaling four or more points must enroll in
    the Probationary Driver School program.
  • The attendance fee is 100.
  • This program corrects improper or dangerous
    driving.

24
20) continued
  • Completion of this program results in a
    three-point reduction on a motorist s driver
    history record.
  • Failure to complete the program,or conviction of
    one or more subsequent moving violations during
    the test period,will result in a driving
    privilege suspension.

25
21) After a driver license is restored,
or after .
  • completion of the MVC Driver
    Improvement Program or a
    Probationary
    Driver School Program, a motorist will be on
    probation for one year.

26
22) Any traffic violation conviction
during that probationary period will
result in a.
  • proposed driver license suspension.
  • The period of suspension depends on how soon the
    violation occurs after restoration.

27
23) Motorist accumulating six or more
points within three years are subject to a
surcharge of..
  • 100 for six points and 25 for each additional
    point.
  • Surcharges are levied in addition to any
    court-imposed fines and penalties.
  • Surcharges remain operational if a motorist has
    six or more points resulting from violations
    posted in the preceding three years.
  • Point totals are based on the date the violation
    was posted, not when the violation
    occurred.

28
THE END
29
  • 1.Driving is a.
  • Privilege. It is not a right.
  • 2. If you do not obey traffic laws, you may have
    your driver license.
  • Suspended. This means your license will be taken
    away and you may not drive for a stated period of
    time.

30
  • 4. Motor vehicle laws also covers.
  • A. Moped Drivers
  • B. Bicyclists
  • C. Pedestrians
  • 5. For some violations, your driving privilege
    must be suspended. This is.
  • Mandatory under the law.

31
MANDATORY SENTENCESOpen your Manual to page 67
32
6. The laws are not made to punish you. They are
needed. To protect you and others
33
  • 8. If the director of Motor Vehicle Services
    considers you a problem driver, you may have to
    take a .
  • Driver Re-exam
  • 9.For a person under 21 (the legal age in NJ to
    purchase an alcoholic beverage)who consumes an
    alcoholic beverage, then drives a vehicle when
    their blood alcohol concentration(BAC) is .01 or
    more, but less than .10 the penalties are
  • 30-90 day driver license suspension if currently
    licensed or
  • 30-90 day prohibition from becoming a licensed
    driver at 18 years and
  • mandatory community service for 15-30 days and
  • participation in an Intoxicated Driver Resource
    Center or other alcohol education and highway
    safety program.
  • a combination of the minimum sentences above and
    driving under the influence (DUI) sentences (see
    Mandatory sentences chart)
  • OR
  • DUI sentences. If the blood alcohol concentration
    is .10 percent or higher, underage persons will
    receive DUI sentences as noted in the Mandatory
    sentences chart. 

34
Persons under the legal age to purchase alcohol
cannot consume or possess alcohola. On private
property unless it is in connection with a
religious observance or in the presence of and
with the permission of a parent or legal guardian
of legal age. Fines are 200 for the first
offense and 350 for any subsequent offense, and
180 days of community service and postponed or
suspended driver privileges of six months. B. On
public property unless they are employed by
alcoholic beverage licensees. The minimum fine is
500 and 180 days community service and receive
postponed or suspended driver privileges of six
months. C. Illegal possession or consumption of
an alcoholic beverage by an underage person on
private property is an act of delinquency.
35
10. The courts may require repeat DUI offenders
to use ignition interlock devices on their
motor vehicles. An
interlock device is attached to a motor vehicle
to prevent it from being started when the alcohol
level of the driver's breath exceeds a
predetermined amount. The interlock requirement
is in addition to any other penalty required
under the state's drunk driving statute.
Installation is for one to three years that would
start when his/her driver's license has been
restored following suspension.
36
OTHER VIOLATIONSReview pages 68 - 71
37
  • 11. If you are placed under arrest by a police
    officer who believes that alcohol has effected
    your driving, he may..
  • Ask for you to take a breath test
  • 12. New Jersey has a Implied Consent Law. What
    does it mean?
  • This means when you drive on New Jersey
    roadways, you agree to a breath test following an
    arrest for a drinking-driving offense. If you do
    not provide a breath sample and are detained, the
    hospital staff may take a blood sample.
  • 13. Refusal to take the test results in
  • A. a six-month license suspension for first
    offenders B. a two-year
    suspension for second offenders and
    C. a ten-year suspension for repeaters.
    In
    addition to the revocation, the municipal court
    will fine a person convicted of this charge not
    less than 250 or more than 500. Offenders must
    also complete an Alcohol Screening and Evaluation
    Program at a county Intoxicated Driver Resource
    Center (IDRC).

38
In addition to court-imposed fines and penalties,
anyone refusing a chemical test in New Jersey or
another state is subject to an MVS insurance
surcharge of 1,000 a year for three years
(3,000). Failure to pay the surcharge will
result in indefinite suspension of all driving
privileges. MVS will file a judgment action for
unpaid surcharges, secure a lien against any real
property that you own, file a garnishment for
your wages, or similar actions.
39
  • 14. Any person convicted of an alcohol related
    traffic offense after October 5, 1984.
  • a. Attend a N.J. driver improvement program
    b. Ask for a hearing or c. Turn in your
    license for suspension period
  • 15. If you lose your license for drunk driving or
    any other violation, you
  • You cannot drive for any reason until the
    period of suspension ends and you receive a
    notice of restoration.

40
  • 16. If the total points on your driving record
    are 12 to 14 points or more in two years, MVC
    will mail a Notice of Scheduled Suspension. When
    you receive it, you can
  • attend a New Jersey driver improvement program
    or
  • Ask for a hearing or
  • Turn in your license for the suspension period
  • 17. When you successfully complete a defensive
    driving course
  • Youll have defensive driving skills
  • MVC will remove 2 points from your driving record
  • Insurance company may give you a rate reduction

41
Probationary Driver Program18. During the
two-year probation period, if you are convicted
of two or more moving violations with a total of
four or more points, you must enroll in the
Probationary Driver School Program. The
attendance fee is 100. MVS will alter the
current probationary driver program to meet the
requirements of the new graduated driver license
(GDL) as soon as the GDL program is fully
implemented.. The program's purpose is to
correct improper or dangerous driving practices.
If you complete the program, you'll receive a
three-point reduction and be placed on a one-year
test period. If you fail to complete the program,
or if you commit a violation during your test
period, your driving privilege will be suspended.

42
THE POINT SYSTEM
43
  • 22. Traffic laws are enforceable on.
  • A. Highways
  • B. Roadways
  • C. Parking Areas
  • D. Driveways
  • E. Grounds owned by government
  • Also, drivers convicted of reckless or
    careless driving in any area open to vehicular
    traffic or usage will be subject to the charges
    applicable to that moving violation.
  • 24. What is a habitual offender
  • A person with three license suspensions for
    violations that happened within three years, may
    lose his/her license for up to three years.

44
  • 25. Any traffic violation during that year will
    result in a proposed suspension of your..
  • driver privilege again
  • 26. What is a habitual offender?
  • A person with three license suspensions for
    violations that happened within three years, may
    lose his/her license for up to three years.
  • 27. Motorist who accumulate six or more points in
    a period of three years or less, are subject to a
    surcharge of..
  • 100 for six points and 25 for each additional
    point in addition to any court imposed fines and
    penalties.
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