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New 2004 DWI law- 2004 revised DWI Statute in New Jersey Kenneth
Vercammen's Law office represents individuals charged with criminal
and serious traffic violations throughout New Jersey. Our office
helps people with traffic/ municipal court tickets throughout New
Jersey, including drivers charged with DWI and refusal.
Motor vehicle violations can cost you. You will have to pay fines
in court or receive points on your drivers license. An accumulation
of too many points, or certain moving violations may require you
to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles]
or have your license suspended. Don't give up! The Law Office of
Kenneth Vercammen offers information and possibly provide experienced
attorney representation for motor vehicle violations.
When your driver's license is in jeopardy or you are facing thousands
of dollars in fines, DMV surcharges and car insurance increases,
you need excellent legal representation. The least expensive attorney
is not always the answer. Please call us if you need experienced
legal representation in a traffic/municipal court matter. Our website
www.njlaws.com provides information on traffic offenses we can be
retained to represent people. Our website also provides details
on jail terms for traffic violations and car insurance eligibility
points. Car insurance companies increase rates or drop customers
based on moving violations.
The following is the new DWI law in New Jersey with all amendments
as of April, 2004
N.J.S.A. 39:4-50 Driving While Intoxicated
39:4-50. (a) Except as provided in subsection (g) of this section,
a person who operates a motor vehicle while under the influence
of intoxicating liquor, narcotic, hallucinogenic or habit-producing
drug, or operates a motor vehicle with a blood alcohol concentration
of 0.08% or more by weight of alcohol in the defendant's blood or
permits another person who is under the influence of intoxicating
liquor, narcotic, hallucinogenic or habit-producing drug to operate
a motor vehicle owned by him or in his custody or control or permits
another to operate a motor vehicle with a blood alcohol concentration
of 0.08% or more by weight of alcohol in the defendant's blood shall
be subject: (1) For the first offense: (i) if the person's blood
alcohol concentration is 0.08% or higher but less than 0.10%, or
the person operates a motor vehicle while under the influence of
intoxicating liquor, or the or more of the following chemical compounds:
acetone and acetate, amyl nitrite or amyl nitrate or their isomers,
benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers,
ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene
dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol,
methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol,
petroleum ether, propyl nitrite or propyl nitrate or their isomers,
toluene, toluol or xylene or any other chemical substance capable
of causing a condition of intoxication, inebriation, excitement,
stupefaction or the dulling of the brain or nervous system as a
result of the inhalation of the fumes or vapors of such chemical
substance. Whenever an operator of a motor vehicle has been involved
in an accident resulting in death, bodily injury or property damage,
a police officer shall consider that fact along with all other facts
and circumstances in determining whether there are reasonable grounds
to believe that person was operating a motor vehicle in violation
of this section. A conviction of a violation of a law of a substantially
similar nature in another jurisdiction, regardless of whether that
jurisdiction is a signatory to the Interstate Driver License Compact
pursuant to P.L. 1966, c.73 (C. 39: 5D-1 et seq.), shall constitute
a prior conviction under this subsection unless the defendant can
demonstrate by clear and convincing evidence that the conviction
in the other jurisdiction was based exclusively upon a violation
of a proscribed blood alcohol concentration of less than 0.08%.
If the driving privilege of any person is under revocation or suspension
for a violation of any provision of this Title or Title 2C of the
New Jersey Statutes at the time of any conviction for a violation
of this section, the revocation or suspension period imposed shall
commence as of the date of termination of the existing revocation
or suspension period. In the case of any person who at the time
of the imposition of sentence is less than 17 years of age, the
forfeiture, suspension or revocation of the driving privilege imposed
by the court under this section shall commence immediately, run
through the offender's seventeenth birthday and continue from that
date for the period set by the court pursuant to paragraphs (1)
through (3) of this subsection. A court that imposes a term of imprisonment
for a first or second offense under this section may sentence the
person so convicted to the county jail, to the workhouse of the
county wherein the offense was committed, to an inpatient rehabilitation
program or to an Intoxicated Driver Resource Center or other facility
approved by the chief of the Intoxicated Driving Program Unit in
the Department of Health and Senior Services. For a third or subsequent
offense a person shall not serve a term of imprisonment at an Intoxicated
Driver Resource Center as provided in subsection (f). A person who
has been convicted of a previous violation of this section need
not be charged as a second or subsequent offender in the complaint
made against him in order to render him liable to the punishment
imposed by this section on a second or subsequent offender, but
if the second offense occurs more than 10 years after the first
offense, the court shall treat the second conviction as a first
offense for sentencing purposes and if a third offense occurs more
than 10 years after the second offense, the court shall treat the
third conviction as a second offense for sentencing purposes. (b)
A person convicted under this section must satisfy the screening,
evaluation, referral, program and fee requirements of the Division
of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit,
and of the Intoxicated Driver Resource Centers and a program of
alcohol and drug education and highway safety, as prescribed by
the chief administrator. The sentencing court shall inform the person
convicted that failure to satisfy such requirements shall result
in a mandatory two-day term of imprisonment in a county jail and
a driver license revocation or suspension and continuation of revocation
or suspension until such requirements are satisfied, unless stayed
by court order in accordance with the Rules Governing the Courts
of the State of New Jersey, or R.S. 39:5-22. Upon sentencing, the
court shall forward to the Division of Alcoholism and Drug Abuse's
Intoxicated Driving Program Unit a copy of a person's conviction
record. A fee of $100.00 shall be payable to the Alcohol Education,
Rehabilitation and Enforcement Fund established pursuant to section
3 of P.L. 1983, c.531 (C. 26: 2B-32) to support the Intoxicated
Driving Program Unit. (c) Upon conviction of a violation of this
section, the court shall collect forthwith the New Jersey driver's
license or licenses of the person so convicted and forward such
license or licenses to the chief administrator. The court shall
inform the person convicted that if he is convicted of personally
operating a motor vehicle during the period of license suspension
imposed pursuant to subsection (a) of this section, he shall, upon
conviction, be subject to the penalties established in R.S. 39:3-40.
The person convicted shall be informed orally and in writing. A
person shall be required to acknowledge receipt of that written
notice in writing. Failure to receive a written notice or failure
to acknowledge in writing the receipt of a written notice shall
not be a defense to a subsequent charge of a violation of R.S. 39:3-40.
In the event that a person convicted under this section is the holder
of any out-of-State driver's license, the court shall not collect
the license but shall notify forthwith the chief administrator,
who shall, in turn, notify appropriate officials in the licensing
jurisdiction. The court shall, however, revoke the nonresident's
driving privilege to operate a motor vehicle in this State, in accordance
with this section. Upon conviction of a violation of this section,
the court shall notify the person convicted, orally and in writing,
of the penalties for a second, third or subsequent violation of
this section. A person shall be required to acknowledge receipt
of that written notice in writing. Failure to receive a written
notice or failure to acknowledge in writing the receipt of a written
notice shall not be a defense to a subsequent charge of a violation
of this section. (d) The chief administrator shall promulgate rules
and regulations pursuant to the "Administrative Procedure Act,"
P.L. 1968, c.410 (C. 52: 14B-1 et seq.) in order to establish a
program of alcohol education and highway safety, as prescribed by
this act. (e) Any person accused of a violation of this section
who is liable to punishment imposed by this section as a second
or subsequent offender shall be entitled to the same rights of discovery
as allowed defendants pursuant to the Rules Governing the Courts
of the State of New Jersey. (f) The counties, in cooperation with
the Division of Alcoholism and Drug Abuse and the commission, but
subject to the approval of the Division of Alcoholism and Drug Abuse,
shall designate and establish on a county or regional basis Intoxicated
Driver Resource Centers. These centers shall have the capability
of serving as community treatment referral centers and as court
monitors of a person's compliance with the ordered treatment, service
alternative or community service. All centers established pursuant
to this subsection shall be administered by a counselor certified
by the Alcohol and Drug Counselor Certification Board of New Jersey
or other professional with a minimum of five years' experience in
the treatment of alcoholism. All centers shall be required to develop
individualized treatment plans for all persons attending the centers;
provided that the duration of any ordered treatment or referral
shall not exceed one year. It shall be the center's responsibility
to establish networks with the community alcohol and drug education,
treatment and rehabilitation resources and to receive monthly reports
from the referral agencies regarding a person's participation and
compliance with the program. Nothing in this subsection shall bar
these centers from developing their own education and treatment
programs; provided that they are approved by the Division of Alcoholism
and Drug Abuse. Upon a person's failure to report to the initial
screening or any subsequent ordered referral, the Intoxicated Driver
Resource Center shall promptly notify the sentencing court of the
person's failure to comply. Required detention periods at the Intoxicated
Driver Resource Centers shall be determined according to the individual
treatment classification assigned by the Intoxicated Driving Program
Unit. Upon attendance at an Intoxicated Driver Resource Center,
a person shall be required to pay a per diem fee of $75.00 for the
first offender program or a per diem fee of $100.00 for the second
offender program, as appropriate. Any increases in the per diem
fees after the first full year shall be determined pursuant to rules
and regulations adopted by the person permits another person who
is under the influence of intoxicating liquor to operate a motor
vehicle owned by him or in his custody or control or permits another
person with a blood alcohol concentration of 0.08% or higher but
less than 0.10% to operate a motor vehicle, to a fine of not less
than $250 nor more than $400 and a period of detainment of not less
than 12 hours nor more than 48 hours spent during two consecutive
days of not less than six hours each day and served as prescribed
by the program requirements of the Intoxicated Driver Resource Centers
established under subsection (f) of this section and, in the discretion
of the court, a term of imprisonment of not more than 30 days and
shall forthwith forfeit his right to operate a motor vehicle over
the highways of this State for a period of three months; (ii) if
the person's blood alcohol concentration is 0.10% or higher, or
the person operates a motor vehicle while under the influence of
narcotic, hallucinogenic or habit-producing drug, or the person
permits another person who is under the influence of narcotic, hallucinogenic
or habit-producing drug to operate a motor vehicle owned by him
or in his custody or control, or permits another person with a blood
alcohol concentration of 0.10% or more to operate a motor vehicle,
to a fine of not less than $300 nor more than $500 and a period
of detainment of not less than 12 hours nor more than 48 hours spent
during two consecutive days of not less than six hours each day
and served as prescribed by the program requirements of the Intoxicated
Driver Resource Centers established under subsection (f) of this
section and, in the discretion of the court, a term of imprisonment
of not more than 30 days and shall forthwith forfeit his right to
operate a motor vehicle over the highways of this State for a period
of not less than seven months nor more than one year; (iii) For
a first offense, a person also shall be subject to the provisions
of P.L. 1999, c.417 (C.39:4-50.16 et al.).
(2) For a second violation, a person shall be subject to a fine
of not less than $500.00 nor more than $1,000.00, and shall be ordered
by the court to perform community service for a period of 30 days,
which shall be of such form and on such terms as the court shall
deem appropriate under the circumstances, and shall be sentenced
to imprisonment for a term of not less than 48 consecutive hours,
which shall not be suspended or served on probation, nor more than
90 days, and shall forfeit his right to operate a motor vehicle
over the highways of this State for a period of two years upon conviction,
and, after the expiration of said period, he may make application
to the Chief Administrator of the New Jersey Motor Vehicle Commission
for a license to operate a motor vehicle, which application may
be granted at the discretion of the chief administrator, consistent
with subsection (b) of this section. For a second violation, a person
also shall be required to install an ignition interlock device under
the provisions of P.L. 1999, c.417 (C.39:4-50.16 et al.) or shall
have his registration certificate and registration plates revoked
for two years under the provisions of section 2 of P.L. 1995, c.286
(C.39:3-40.1).
(3) For a third or subsequent violation, a person shall be subject
to a fine of $1,000.00, and shall be sentenced to imprisonment for
a term of not less than 180 days in a county jail or workhouse,
except that the court may lower such term for each day, not exceeding
90 days, served participating in a drug or alcohol inpatient rehabilitation
program approved by the Intoxicated Driver Resource Center and shall
thereafter forfeit his right to operate a motor vehicle over the
highways of this State for 10 years. For a third or subsequent violation,
a person also shall be required to install an ignition interlock
device under the provisions of P.L. 1999, c.417 (C.39:4-50.16 et
al.) or shall have his registration certificate and registration
plates revoked for 10 years under the provisions of section 2 of
P.L. 1995, c.286 (C.39:3-40.1). As used in this section, the phrase
"narcotic, hallucinogenic or habit-producing drug" includes
an inhalant or other substance containing a chemical capable of
releasing any toxic vapors or fumes for the purpose of inducing
a condition of intoxication, such as any glue, cement or any other
substance containing one Commissioner of Health and Senior Services
in consultation with the Governor's Council on Alcoholism and Drug
Abuse pursuant to the "Administrative Procedure Act,"
P.L. 1968, c.410 (C. 52: 14B-1 et seq.). The centers shall conduct
a program of alcohol and drug education and highway safety, as prescribed
by the chief administrator. The Commissioner of Health and Senior
Services shall adopt rules and regulations pursuant to the "Administrative
Procedure Act," P.L. 1968, c.410 (C. 52: 14B-1 et seq.), in
order to effectuate the purposes of this subsection. (g) When a
violation of this section occurs while: (1) on any school property
used for school purposes which is owned by or leased to any elementary
or secondary school or school board, or within 1,000 feet of such
school property; (2) driving through a school crossing as defined
in R.S. 39:1-1 if the municipality, by ordinance or resolution,
has designated the school crossing as such; or (3) driving through
a school crossing as defined in R.S. 39:1-1 knowing that juveniles
are present if the municipality has not designated the school crossing
as such by ordinance or resolution, the convicted person shall:
for a first offense, be fined not less than $500 or more than $800,
be imprisoned for not more than 60 days and have his license to
operate a motor vehicle suspended for a period of not less than
one year or more than two years; for a second offense, be fined
not less than $1,000 or more than $2,000, perform community service
for a period of 60 days, be imprisoned for not less than 96 consecutive
hours, which shall not be suspended or served on probation, nor
more than 180 days, except that the court may lower such term for
each day, not exceeding 90 days, served performing community service
in such form and on such terms as the court shall deem appropriate
under the circumstances and have his license to operate a motor
vehicle suspended for a period of not less than four years; and,
for a third offense, be fined $2,000, imprisoned for 180 days in
a county jail or workhouse, except that the court may lower such
term for each day, not exceeding 90 days, served participating in
a drug or alcohol inpatient rehabilitation program approved by the
Intoxicated Driver Resource Center, and have his license to operate
a motor vehicle suspended for a period of 20 years; the period of
license suspension shall commence upon the completion of any prison
sentence imposed upon that person. A map or true copy of a map depicting
the location and boundaries of the area on or within 1,000 feet
of any property used for school purposes which is owned by or leased
to any elementary or secondary school or school board produced pursuant
to section 1 of P.L. 1987, c.101 (C. 2C:35-7) may be used in a prosecution
under paragraph (1) of this subsection. It shall not be relevant
to the imposition of sentence pursuant to paragraph (1) or (2) of
this subsection that the defendant was unaware that the prohibited
conduct took place while on or within 1,000 feet of any school property
or while driving through a school crossing. Nor shall it be relevant
to the imposition of sentence that no juveniles were present on
the school property or crossing zone at the time of the offense
or that the school was not in session. (h) A court also may order
a person convicted pursuant to subsection a. of this section, to
participate in a supervised visitation program as either a condition
of probation or a form of community service, giving preference to
those who were under the age of 21 at the time of the offense. Prior
to ordering a person to participate in such a program, the court
may consult with any person who may provide useful information on
the defendant's physical, emotional and mental suitability for the
visit to ensure that it will not cause any injury to the defendant.
The court also may order that the defendant participate in a counseling
session under the supervision of the Intoxicated Driving Program
Unit prior to participating in the supervised visitation program.
The supervised visitation program shall be at one or more of the
following facilities which have agreed to participate in the program
under the supervision of the facility's personnel and the probation
department: (1) a trauma center, critical care center or acute care
hospital having basic emergency services, which receives victims
of motor vehicle accidents for the purpose of observing appropriate
victims of drunk drivers and victims who are, themselves, drunk
drivers; (2) a facility which cares for advanced alcoholics or drug
abusers, to observe persons in the advanced stages of alcoholism
or drug abuse; or (3) if approved by a county medical examiner,
the office of the county medical examiner or a public morgue to
observe appropriate victims of vehicle accidents involving drunk
drivers. As used in this section, "appropriate victim"
means a victim whose condition is determined by the facility's supervisory
personnel and the probation officer to be appropriate for demonstrating
the results of accidents involving drunk drivers without being unnecessarily
gruesome or traumatic to the defendant. If at any time before or
during a visitation the facility's supervisory personnel and the
probation officer determine that the visitation may be or is traumatic
or otherwise inappropriate for that defendant, the visitation shall
be terminated without prejudice to the defendant. The program may
include a personal conference after the visitation, which may include
the sentencing judge or the judge who coordinates the program for
the court, the defendant, defendant's counsel, and, if available,
the defendant's parents to discuss the visitation and its effect
on the defendant's future conduct. If a personal conference is not
practicable because of the defendant's absence from the jurisdiction,
conflicting time schedules, or any other reason, the court shall
require the defendant to submit a written report concerning the
visitation experience and its impact on the defendant. The county,
a court, any facility visited pursuant to the program, any agents,
employees, or independent contractors of the court, county, or facility
visited pursuant to the program, and any person supervising a defendant
during the visitation, are not liable for any civil damages resulting
from injury to the defendant, or for civil damages associated with
the visitation which are caused by the defendant, except for willful
or grossly negligent acts intended to, or reasonably expected to
result in, that injury or damage. The Supreme Court may adopt court
rules or directives to effectuate the purposes of this subsection.
(i) In addition to any other fine, fee, or other charge imposed
pursuant to law, the court shall assess a person convicted of a
violation of the provisions of this section a surcharge of $100,
of which amount $50 shall be payable to the municipality in which
the conviction was obtained and $50 shall be payable to the Treasurer
of the State of New Jersey for deposit into the General Fund.
N.J.S.A. 39:4-50.14 Operation of a motor vehicle by person who
has consumed alcohol but is under the legal age to purchase alcoholic
beverages; penalties Any person under the legal age to purchase
alcoholic beverages who operates a motor vehicle with a blood alcohol
concentration of 0.01% or more, but less than 0.08%, by weight of
alcohol in his blood, shall forfeit his right to operate a motor
vehicle over the highways of this State or shall be prohibited from
obtaining a license to operate a motor vehicle in this State for
a period of not less than 30 or more than 90 days beginning on the
date he becomes eligible to obtain a license or on the day of conviction,
whichever is later, and shall perform community service for a period
of not less than 15 or more than 30 days. In addition, the person
shall satisfy the program and fee requirements of an Intoxicated
Driver Resource Center or participate in a program of alcohol education
and highway safety as prescribed by the chief administrator. The
penalties provided under the provisions of this section shall be
in addition to the penalties which the court may impose under N.J.S.
2C:33-15, R.S. 33:1-81, R.S. 39:4-50 or any other law.
N.J.S.A. 39:4-51 Sentence for violation of section N.J.S.A. 39:4-50
must be served; release on work release program
A person who has been convicted of a first or second violation
of section 39:4-50 of this Title, and in pursuance thereof has been
imprisoned in a county jail or workhouse in the county in which
the offense was committed, shall not, after commitment, be released
therefrom until the term of imprisonment imposed has been served.
A person imprisoned in the county jail or workhouse may in the discretion
of the court, be released on a work release program. No warden or
other officer having custody of the county jail or workhouse shall
release therefrom a person so committed, unless the person has been
released by the court on a work release program, until the sentence
has been served. A person sentenced to an inpatient rehabilitation
program may upon petition by the treating agency be released, by
the court, to an outpatient rehabilitation program for the duration
of the original sentence. Nothing in this section shall be construed
to interfere in any way with the operation of a writ of habeas corpus,
a proceeding in lieu of the prerogative writs, or an appeal. The
administrator shall adopt such rules and regulations to effectuate
the provisions of this section as he shall deem necessary.
CONCLUSION
If charged with a traffic offense, immediately schedule an appointment
with a trial attorney. Don't rely on a real estate attorney, public
defender or a family member who simply attended law school. When
your driving privileges and ability to drive to work is on the line,
hire an experienced attorney.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge
Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030
TRIAL AND LITIGATION EXPERIENCE In his private practice, he has
devoted a substantial portion of his professional time to the preparation
and trial of litigated matters. He appears in Courts throughout
New Jersey several times each week on many personal injury matters,
Criminal and Municipal/ traffic Court trials, Probate hearings,
and contested administrative law hearings.
Mr. Vercammen served as the Prosecutor for the Township of Cranbury,
Middlesex County and was involved in trials on a weekly basis. He
also argued all pre-trial motions and post-trial applications on
behalf of the State of New Jersey.
He has also served as a Special Acting Prosecutor in Woodbridge,
Perth Amboy, Hightstown, Carteret, East Brunswick, Jamesburg, South
Brunswick, South River and South Plainfield for conflict cases.
Since 1989, he has personally handled hundreds of criminal and motor
vehicle matters as a Prosecutor and now as defense counsel and has
had substantial success.
Previously, Mr. Vercammen was Public Defender for the Township
of Edison and Borough of Metuchen and a Designated Counsel for the
Middlesex County Public Defender's Office. He represented indigent
individuals facing consequences of magnitude. He was in Court trying
cases and making motions in difficult criminal and DWI matters.
Every case he personally handled and prepared.
His resume sets forth the numerous bar associations and activities
which demonstrate his commitment to the legal profession and providing
quality representation to clients.
Since 1985, his primary concentration has been on litigation matters.
Mr. Vercammen gained other legal experiences as the Confidential
Law Clerk to the Court of Appeals of Maryland (Supreme Court) with
the Delaware County, PA District Attorney Office handling Probable
Cause Hearings, Middlesex County Probation Department as a Probation
Officer, and an Executive Assistant to Scranton District Magistrate,
Thomas Hart, in Scranton, PA
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