2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Tuesday, November 14, 2017

39:4-124 Failure to turn as indicated

 39:4-124 Failure to turn as indicated
by buttons or markers at intersection    3 points
     Penalties set forth at 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
fines $50 $200 plus court costs and possible non renewal by insurance company

3 NJ MVC Points 39:4-124 Improper turn: from approved turning course


Plus 3 car insurance points

39:4-96 Reckless driving

 39:4-96 Reckless driving 
NJ MVC 5 points
First offense: Fine or
imprisonment not exceeding 60
days, or both
fines $50 $200 plus court costs and possible non renewal by car insurance
39:4-96 Reckless driving
Plus 5 car insurance points
Plus Judge can suspend license
Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran  202 NJ 311 (2010)
       The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

Second or subsequent offense:
Fine or imprisonment not
exceeding 3 months, or both
$100 $500 plus court costs and possible non renewal by car insurance


39:4-49.1 Drug possession by motor vehicle operator

39:4-49.1 Drug possession by motor vehicle operator     No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et seq.) or  any prescription legend drug, unless the person has obtained the substance or  drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

   A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.
   This means a mandatory two year license suspension with no ability to drive to work, school, etc. It is important to get this ticket dismissed. It is not subject to Conditional Discharge. The Judge has no discretion to not suspend your license for two years if you plead guilty or are found guilty.

  You need to have your attorney either win at trial or negotiate to have this charge dismissed.
Middlesex,
Piscataway,
South Plainfield,
Edison,
Metuchen,
Woodbridge,
Perth Amboy,
Carteret,
Highland Park,
New Brunswick,
North Brunswick,
Milltown,
East Brunswick,
South River,
Sayreville,
South Amboy,
Old Bridge,
Spotswood,
South Brunswick,
Plainsboro,
Cranbury,
Monroe,
Jamesburg,

Monmouth, Union, Somerset, Mercer, Ocean, Essex, Hunterdon, Burlington, county, NJ, New Jersey

39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol.

39:4-50.14  Penalties for underage person operating motor vehicle after consuming alcohol.

   1.   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.

   L.1992,c.189,s.1; amended 2003, c.314, s.3.