Don’t pass that school bus it is dangerous and costly

NJ-PASSING A SCHOOL BUS- NJ PENALTIES

39:4-128.1. School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license

On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

 
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On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of avehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted there from or be about to enter said bus.

For purposes of this section, “highway” means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted there from shall have reached a place of safety.

PENALTIES: 5 POINTS BY DMV, PLUS 5 CAR INSURANCE ELIGIBILITY POINTS, PLUS:

Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act.

The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.

Hire an experienced attorney to defend your if charged with this violation.

Your Credit Score Tells Companies Who You Are

Your Credit Score is used by anyone loaning you money or insuring you.

Credit card companies, home equity lenders, auto loan lenders and finance companies all use a model created by Fair, Isaac and Co, the San Rafael, California company that pioneered credit scoring almost 50 years ago and dominates the field today.

 
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This score is most often known as FICO and serves as a snapshot of your credit history.

A low score can raise the price of your loan and a very low score can mean denial of your loan or insurance completely.

Here are the approximate percentages that determine your FICO Score.

Payment history (35%). The largest factor determined on your FICO score is your basic payment history. The number of unpaid bills you have, any bills sent to collection, bankruptcies etc… The more recent the problem, the lower your score.

Outstanding Debt (30%). Are your cards maxed out? High balances or more precisely, balances that are close to your credit limit can negatively effect your score. Keep your balances below 30%.
Length of your credit history (15%). How long have your accounts been open? The longer, the better.

Recent inquiries (10%). Every time you apply for credit of any kind, you create an inquiry on your credit report. Lots of Inquiries negatively effect your score.

Types of credit in use (10%). Current loans from finance companies. How many and how much.

Your score will range between 300 and 870. The higher the better. As your score increases, your credit risk decreases. Exact numbers differ by lending institution but the average high approval score is 680 or above. Often times your score is taken from all three credit reporting companies and the middle score or average score is used.

Redlining Insurance companies punish you for where you live

If you don’t live in a swanky development or posh town in New Jersey, you may experience Redlining.

Location is one of the variables used to set rates. Insurers are also starting to use credit “scores”, occupation, marital status, and education level to set rates. Many consider these practices to be “unfair” and even racist.

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An interesting refutation to this is that the job of an insurance underwriter is to properly categorize a given risk as to the likelihood that the loss will occur. Any factor that causes a greater likelihood of loss should in theory, be charged a higher rate. This is a basic principle of insurance and must be followed for insurance companies or groups to operate properly, even for non-profit groups.

Thus, discrimination of potential insureds by legitimate factors is central to insurance. Therefore the only thing that can be considered legitimately “unfair” are practices that discriminate against a given group without actual factors that show that the group is a higher risk.

If you fail to met the criteria, have some accidents or moving violations you may be forced to the NJPAIP Car Insurance Plan.  It is where those considered high risk go to get insured.

What if I get caught driving with a suspended drivers license

NJ Driving Suspended Laws and important information.

The violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, “no person to whom a drivers license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver’s license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition.” The statute also prohibits the operation of a motor vehicle whose registration has been revoked.
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PENALTIES

Conviction under this statute brings the following penalties. Upon conviction of the first offense of fine of $500.00. The defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the MVC. Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for not more than 5 days. Upon conviction for the third offense a fine of $1000.00 and imprisonment in the county jail for 10 days. Additionally, the statute states, upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months. Also, upon conviction the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury to another person.

If an individual violates this section while under suspension issued pursuant to 39:4-50, driving while under the influence of liquor or drugs and is convicted, they shall be fined $500.00 extra? and have their license suspended for an additional period not less than one year nor more than two years and may be in the county jail for not more than 90 days. The defendant will also be surcharged a mandatory $250.00 per year for 3 years.

Although most municipal court matters are considered minor by many citizens it is obvious from the possible penalties involved that this is a serious offense carrying the possibility of both stiff fines and incarceration.

There are two types of license suspension :

1. Court imposed suspension

2. Administrative / Division of Motor Vehicles suspension

The most common scenario reflects where that the driver, through a motor vehicle violation, failure to pay surcharge or a accumulated points has been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (Division of Motor Vehicles), thereby making them ineligible to operate a motor vehicle for a prescribed period of time in this state.

If the driver is aware that they are on the suspended list and acknowledged they were suspended to the police officer there is little room for defense However, more often than not the driver claims that they were unaware of their placement on the suspension list.

The scenario that will often be presented by the driver is that he/she was stopped by police for an unrelated motor vehicle violation. In the process of the police encounter they were informed by the officer that their license has been suspended and they were issued an additional summons for Driving While Suspended. Over the past decade several New Jersey cases have crafted the current position on the driving while suspended issue that often confronts many municipal courts throughout the state.

THE STATE (NJ) MUST SHOW DUE PROCESS AND ADEQUATE NOTICE

The first and foremost is that of adequate notice of the suspension. In Parsekian v. Cresse, 75 NJ Super. 405 (App Div. 1962), the court ruled that it was incumbent upon the Director of the State Division of Motor Vehicles to provide fair and adequate notice to the licensed driver of the proposed suspension of their license. The court recognized that the Director could not arbitrarily suspend the license of a driver without providing both notice and enunciating specific reasons as to why the license was being suspended.

A later case, State v. Wenof, 102 NJ Super. (Law Div. 1968), both reinforced and advanced the earlier Parsekian decision. Wenof represents the substantive foundation upon which all subsequent cases involving the notice issue have been based. In Wenof, the court again recognized the importance of adequate notice of suspension. The court related, “there is always a risk that notice may not reach the intended person, but this is not the test for legal sufficiency. The test is rather, whether the notice was reasonably calculated to reach the intended parties.” Id at 375. In Wenof, the Division of Motor Vehicles sent to a written notice of proposed suspension (for failure to satisfy a summons) by regular mail. The Division of Motor Vehicles thereafter sent an order of suspension by ordinary mail. The notices were mailed to the defendant’s last address. By failing to leave a forwarding address informing the Division of Motor Vehicles where he could be reached by mail, the court stated “he should not be heard to complain of lack of due process He had it.” The court found the defendant guilty.

In State v. Hammond 116 NJ Super. 244 (Cty. Ct. 1971) a notice of scheduled suspension and order of suspension for failure to appear for motor vehicle violations was mailed to defendant, but was returned undelivered to Division of Motor Vehicles by postal authorities. The defendant was charged with misstatement of fact in an application for registration of a motor vehicle (39:3-37) and application for a registration certificate during suspension (39:3-34). The defendant thereafter applied for and obtained a New Jersey registration certificate for vehicle.

While in State v. Wenof supra the defendant was found guilty that case was distinguished in Hammond. In Hammond there was insufficient evidence of any notice to Hammond of a possible revocation of his registration certificate. Therefore, there is no adequate proof to indicate that due process was satisfied in this case. Hammond, 116 NJ Super. at 248.

NOTICE BY IN-COURT SUSPENSION

If the driver is on the suspension list because he was suspended in a Courtroom for a prior violation, grounds to defend are very limited. The most common violations which carry mandatory suspensions on first offense by the Municipal Courts are for driving while intoxicated (first offense 6-12 months), driving while suspended (up to 6 months), driving without insurance (1 year), possession of Marijuana or paraphernalia (6 months-2 years). A Municipal Court also has the power to suspend a driver’s license for driving while suspended, reckless driving, excessive speeding, leaving the scene of an accident or even where the judge finds a person guilty of such a willful violation of the subtitle as shall in the court’s discretion, justify such revocation (39:5-31).

If the driver’s license was suspended by a court, the state in a subsequent Driving While Suspended needs to introduce into evidence only a certified abstract from the Division of Motor Vehicles. It is not necessary for the state to demonstrate that notice was received by the defendant. The defense may still challenge the suspension by introducing evidence that the prior in-court suspension was improper. Examples include defendant not notified to be in court and the court then acting without the defendant being present. Possibly, the prior suspension could be attached in the original court as being illegal and/or unconstitutional. This is permitted under State v. Laurick. 120 NJ 1 (1990)

Where the driver was suspended by the Division of Motor Vehicles, the state must introduce

  1. Notice of scheduled suspension.

  2. Proof of mailing notice.

  3. Order of suspension.

  4. Proof of mailing order.

  5. Certified motor vehicle abstract.

A certified abstract alone is not sufficient to convict if the defendant was suspended only by the Division of Motor Vehicles.

If the order of suspension was mailed on December 1, 1991 and the Driving While Suspended offense took place December 2, 1991, a good defense is that the Order did not reach his house until after the ticket for Driving While Suspended.

Many suspensions today are because people forgot to pay an insurance surcharge. Every insurance surcharge bill serves as a notice of suspension. Indigency is not a defense for failure to pay a surcharge.

DEFENSES

A valid suspension of a driver’s license cannot be effectuated in the absence of a written notice to the license at his last known address, reciting the fact that the suspension will take place and the date of commencement of the suspension. State v. Kindler 191 NJ Super. 358,360 (Law Div 1983). Failure to appear for a summons is not a substitute for the written notice required by the statute, Id at 361. The court also noted that it’s research does not statutory revealing authority for the Municipal Judge to suspend driving privileges. Id at 362

Motorists suspended for any reason remains suspended until they pay a $50.00 Division of Motor Vehicles restoration fee. According to the harsh decision in State v. Zalta 217 NJ Super. 142 (Law Div. 1987) even if a prior court imposed suspension is over 6 months on DWI, the suspension continues until actual restoration of the license.

Plea bargaining is permitted in Driving While Suspended matters. Many court adhere to the language of State v. Somma 215 NJ Super. 142 (Law Div 1986) where the court determined that the failure to pay the $50.00 fee for restoration of the suspended driver’s license does not extend the period of suspension. Many times individuals are told by a court their license is suspended for a certain number of months, but they are usually not told they must pay a restoration fee to actually get their license back. Individuals who pay a surcharge late will have their licenses suspended initially for the failure to pay. Even after the surcharge is paid they remain suspended until the $30.00 restoration fee is paid. Often, “plea” bargaining” or ” alternative dispositions” can be worked out to avoid the harsh consequences of Driving While Suspended and the equitable rationale of State v. Somma is followed.

Few courts inform a driver charged with Driving While Suspended that the penalty is anything more than a $500.00 fine plus up to six months loss of license. Most courts do not warn a defendant if he pleads guilty he will have to pay Division of Motor Vehicles insurance surcharges or face other new penalties.

Few drivers are aware of the new provisions of NJAC 11:3-34, operative date April 1, 1991, which allows insurance companies to charge additional surcharge to drivers. These new insurance company surcharges are in a addition to Division of Motor Vehicles surcharges and fines. Several non MTF insurance companies have already received approval to charge between $37.00 and $218.00 for each point a driver accumulates. For Driving While Suspended pursuant to 2C NJR. 576 a driver is given 9 Automobile Eligibility Points.

PARKING ADJUDICATION ACT OFFENDER

“Scofflaws” who took their parking tickets and threw them away or forgot to pay tickets will now have these licenses eventually suspended under the Parking Offense Adjudication Act. (NJSA 39:4-139.2). If a person fails to appear or pay for a ticket, the court may give notice to the vehicle owner that the failure to appear or pay will result in suspension of driver’s license. Pursuant to NJSA 39:4-139.10(b) the judge or the Division of Motor Vehicles may now suspend the driver’s license of on owner license or operator who has not answered or appeared in response to a failure to appear notice or has not paid or otherwise satisfied outstanding parking from penalties.

CONTESTING PROPOSED ADMINISTRATIVE SUSPENSIONS

The MVC, prior to suspending a license, or taking specific action against a driver must mail a notice to the driver informing them of the proposed suspension or other action. The proposed action to be taken against any licensee by the DMV becomes effective on the date set forth on the notice except when otherwise specified, unless the licenses or his/her attorney shall make a request, in writing, for a hearing within 25 days from the date of notice. New Jersey Administrative Code (NJAC)13:19-1.2.

NJAC 13:19-1.2 requires the request for a hearing to set forth all disputed facts, legal issues and arguments. Under NJAC 13:19-1.2, the DMV may either deny the request for a hearing, require a pre hearing conference with a DMV employee, or transmit of the matter to the Office of Administrative Law for a hearing pursuant to NJAC 1:1.

The DMV employee who conducts the prehearing is referred to as a driver improvement specialist. Often a resolution of the proposed administrative action is reached between the DMV and the licensee (ie- reduce suspension period -ex 180 days to 100 days).

If the license except the resolution of the proposed administrative action, the license is to have abandoned any further opportunity to be heard

NJAC 13:19-1.8(c).

If the parties cannot reach a resolution, the matter should be submitted to the office of Administrative Law for a hearing NJAC 13:19-1.8(d)

ENHANCED PENALTIES

As set forth previously, the Driving While Suspended calls for mandatory enhanced penalties on conviction second and third offense. What counts as an offense? Both the Division of Motor Vehicles and a court can suspend a driver for driving while suspended.

In State vs. Conte, 245 NJ Super. 629 (Law Div. 1990) the court examined a case where a defendant driver had two prior administrative suspensions by the DMV pursuant to NJSA 39:5-30 and NJAC 13:19-10.8. The driver had no prior court imposed convictions.

NJSA 39:3-40 provides for penalties upon conviction. In a well reasoned opinion by Judge Robert Longhi, on trial de novo, the court stated:

The word conviction is not defined in the statute. Black’s Law Dictionary defines conviction as “the final judgment in a verdict or finding of guilty…” Black’s Law Dictionary (6 ed. 1990) at 333. NJSA 2C:44-4(a) defines “prior conviction of an offense” as “an adjudication by a court of competent jurisdiction that the defendant committed an offense constitutes a prior conviction,” Emphasis supplied. Conviction has also been defined as ” the confession of the accused in open court or the verdict returned by the jury which ascertains and publishes the fact of guilt.” Tucker vs. Tucker, 101 NJ Eq. 72, 73, 137 A. 40 (Ch. 1927).

The motor vehicle statute, NJSA 39:3-40, is quasi-criminal and penal in nature and must be strictly construed against the State. State vs. Churchdale-Leasing Inc., 115 NJ 83, 102, 557 A. 2d 277 (1989). The word conviction, as it is used in NJSA 39:3-40, refers only to a plea or a finding of guilty in a court of competent jurisdiction and not an order of suspension entered by the DMV as the result of an administrative proceeding. The two prior suspensions are not convictions and defendant must be viewed as a first offender under the statute.

State vs. Conte, 245 NJ Super. at 631

The sentence imposed was reversed and the matter remanded for sentencing as a first offender.

CONCLUSION

A person is not automatically guilty of driving while suspended simply because the Division of Motor Vehicles claims they are suspended. The defense of a person charged with driving while suspended is not impossible. There are a number of viable defense and arguments which can be pursued to achieve a successful result. Speak with an attorney experienced in Municipal Court practice.

 

Updated statute in 2002:

NJSA 39:3-40 Penalties for driving while license suspended, etc.

39:3-40. No person to whom a driver’s license has been refused or whose driver’s license or reciprocity privilege has
been suspended or revoked, or who has been prohibited from obtaining a driver’s license, shall personally operate a motor
vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor
vehicle during the period of such revocation.

Except as provided in subsection i. of this section, a person violating this section shall be subject to the following
penalties:

a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor
vehicle during a period when the violator’s driver’s license is suspended for a violation of R.S.39:4-50 or section 2 of
P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with the
provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1
through C.39:3-40.5);

b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for not more than five
days and, if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is
suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator’s
motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1
through C.39:3-40.5);

c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00, imprisonment in the county jail
for 10 days and, if the third offense involves the operation of a motor vehicle during a period when the violator’s driver’s
license is suspended and that third offense occurs within five years of a conviction for the same offense, revocation of the
violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286
(C.39:3-40.1 through C.39:3-40.5);

d.Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180
days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to
another person;

f. (1) Notwithstanding subsections a. through e., any person violating this section while under suspension issued
pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to
operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be
imprisoned in the county jail for not more than 90 days.

(2)Notwithstanding the provisions of subsections a. through e. of this section and paragraph (1) of this
subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512
(C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle
suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county
jail for not less than 10 days or more than 90 days.

(3)Notwithstanding the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this
subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one
year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that
person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period
of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor
vehicle while in violation of paragraph (2) of this subsection while:

(a)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;

(b)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

(c)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.

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 subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph 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;

g.In addition to the other applicable penalties provided under thissection, a person violating this section whose
license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder,
shall be fined $3,000. The court shall waive the fine upon proof that the person has paid the total surcharge imposed
pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder. Notwithstanding the
provisions of R.S.39:5-41, the fine imposed pursuant to this subsection shall be collected by the Division of Motor Vehicles
pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a
copy of the judgment of conviction with the director and with the Clerk of the Superior Court who shall enter the following
information upon the record of docketed judgments: the name of the person as judgment debtor; the Division of Motor
Vehicles as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and
effect as any civil judgment docketed in the Superior Court;

h.A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a
violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to
sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:

(1)Knows that the operator’s license to operate a motor vehicle has been suspended for a violation of
R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

(2)Knows that the operator’s license to operate a motor vehicle is suspended and that the operator has been
convicted, within the past five years, of operating a vehicle while the person’s license was suspended or revoked;

i.If the violator’s driver’s license to operate a motor vehicle has been suspended pursuant to section 9 of
P.L.1985, c.14 (C.39:4-139.10), the violator shall be subject to a maximum fine of $100 upon proof that the violator has
satisfied the parking ticket or tickets that were the subject of the Order of Suspension.

Amended 1941, c.344; 1945, c.222, s.2; 1947, c.25; 1964, c.9; 1968, c.323, s.10; 1981, c.38, s.1; 1982, c.45, s.2; 1983,
c.90, s.1; 1986, c.38; 1992, c.203; 1994, c.64, s.2; 1995, c.286, s.1; 1999, c.185, s.3; 1999, c.423, s.3; 2001, c.213, s.1.

39:3-40.1. Revocation of registration certificate, plates      2. a. Any motor vehicle registration certificate and registration
plates shall be revoked if a person is convicted of violating the provisions of:

(1)subsection a. of R.S.39:3-40 for operating a motor vehicle during a period when that violator’s driver’s license
has been suspended for a violation of R.S.39:4-50;

(2)subsection b. or c. of R.S.39:3-40 for operating a motor vehicle during a period when that violator’s driver’s
license has been suspended within a five-year period; or

(3)R.S.39:4-50 for a second or subsequent offense, if such revocation is ordered by the court as authorized under
that section.

This revocation of registration certificate and registration plates shall apply to all passenger automobiles and
motorcycles owned or leased by the violator and registered under the provisions of R.S.39:3-4 and all noncommercial trucks
owned or leased by the violator and registered under the provisions of section 2 of P.L.1968, c.439 (C.39:3-8.1), including
those passenger automobiles, motorcycles and noncommercial trucks registered or leased jointly in the name of the violator
and the other owner of record.

b.At the time of conviction, the court shall notify each violator that the person’s passenger automobile,
motorcycle, and noncommercial truck registrations are revoked.  Notwithstanding the provisions of R.S.39:5-35, the violator
shall surrender the registration certificate and registration plates of all passenger automobiles, motorcycles, and
noncommercial truck registrations subject to revocation under the provisions of this section within 48 hours of the court’s
notice. The surrender shall be at a place and in a manner prescribed by the Director of the Division of Motor Vehicles
pursuant to rule and regulation. The court also shall notify the violator that a failure to surrender that vehicle registration
certificate and registration plates shall result in the impoundment of the vehicle in accordance with the provisions of section 4
of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said registration certificate and registration plates. The revocation
authorized under the provisions of this subsection shall remain in effect for the period during which the violator’s license to
operate a motor vehicle is suspended and shall be enforced so as to prohibit the violator from registering or leasing any other
vehicle, however acquired, during that period.

c.If the violator subject to the penalties set forth in subsections a. and b. of this section for conviction of
violating the provisions of R.S.39:3-40 was operating a motor vehicle owned or leased by another person and that other
owner or lessee permitted that operation with knowledge that the violator’s driver’s license was suspended, the court shall
suspend the person’s license to operate a motor vehicle and revoke the registration certificate and registration plates for that
vehicle for a period of not more than six months. Notwithstanding the provisions of R.S.39:3-35, the owner or lessee shall
surrender the registration certificate and registration plates of that vehicle within 48 hours of the court’s notice of revocation.
The surrender shall be at a place and in a manner prescribed by the Director of the Division of Motor Vehicles pursuant to
rule and regulation. The court also shall notify the owner or lessee that a failure to surrender the revoked registration
certificate and registration plates shall result in the impoundment of the vehicle in accordance with the provisions of section 4
of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said registration certificate and registration plates. Nothing in this
subsection shall be construed to limit the court from finding that owner or lessee guilty of violating R.S.39:3-39 or any other
such statute concerning the operation of a motor vehicle by an unlicensed driver.

L.1995,c.286,s.2; amended 2000, c.83, s.2.

NJS.A. 39:3-40 Driving While Suspended

Offense 39:3-40  driving while license suspended- general provision
1st Offense
– $500 fine, and
– driver’s license suspension not to exceed 6 months
-9 car insurance eligibility points for each violation
$750 DMV surcharges

2nd Offense
– $750 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment 1- 5 days,
-9 car insurance eligibility points for each violation
$750 DMV surcharges  and
– if 2nd offense occurs within 5 years of a conviction for NJS.A. 39:3-40, then revocation of registration certificate for the period
driver’s license is suspended (see NJS.A. 39:3-40.1)

3rd or Subsequent Offense – $1000 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment for 10 days, -9 car insurance eligibility points for each violation
$750 DMV surcharges and
– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of registration certificate for the period driver’s
license is suspended (see NJS.A. 39:3-40.1)

Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. NJS.A. 39:3-40(e). If the accident results in the death of another person, then the defendant shall be guilty of a crime of the third degree and the defendant’s driver’s license shall be suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant
shall be guilty of a crime of the fourth degree and the defendant’s driver’s license shall be suspended for an additional period of one year.

Offense 39:3-40 (f) (1)   –no insurance suspensions —
driving while license suspended due to conviction for NJS.A. 39:6B-2 (driving without insurance)
1st Offense
– $1000 fine, and
– driver’s license suspension not less than 12 months, nor more than 30 months, and
– may impose incarceration not to exceed 90 days
$750 DMV surcharges
-9 car insurance eligibility points for each violation

2nd Offense
– $1250 fine, and
– driver’s license suspension of not less than 12 months nor more than 30 months, and
– may impose period of incarceration of not more than 90 days,
$750 DMV surcharges
-9 car insurance eligibility points for each violation
and
– if 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for period driver’s license is suspended (see NJS.A. 39:3-40.1)

3rd or Subsequent Offense
– $1500 fine, and
– driver’s license suspension of not less than 12 months nor more than 30 months, and
– incarceration of not less than 10 days, nor more than 90 days,
$750 DMV surcharges
-9 car insurance eligibility points for each violation
and
– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of registration certificate for the period driver’s
license is suspended (see NJS.A. 39:3-40.1)

Offense 39:3-40 (f) (2)   –DWI suspensions —
driving while license suspended due to conviction for:
– 39:4-50 (driving while intoxicated), or
– 39:4-50.4a (refusal to submit to chemical test), or
– 39:5-30a to -30e (habitual offender)
1st Offense
– $1000 fine, and
-driver’s license suspension of not less than 12 months, nor more than 30 months, and
-incarceration of not less than 10 days, nor more than 90 days, and
-revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

2nd Offense
-$1250 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 10 days, nor more than 90 days, and
– revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

3rd or Subsequent Offense
– $1500 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 10 days, nor more than 90 days, and
– revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

Note: The fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are imposed “notwithstanding” the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are in addition to those found in NJS.A. 39:3-40(a)-(e). This reading of the statute is suggested by State v. Wrotny, 221 NJ Super. 226, 228-30 (App. Div. 1987), though Wrotny does not explicitly hold as much. For a contrary reading of NJS.A. 39:3-40(f)(1)-(30), see State v. Walsh, 236 NJ Super. 151, 155 (Law Div. 1989), and State v. Rought, 221 NJ Super. 42, 47 (Law Div. 1987), which both held that the fines and penalties of NJS.A. 39:3-40(f)(1)-(3) are a substitute for those provided by NJS.A. 39:3-40(a)-(e). Before imposing sentence for a conviction under NJS.A. 39:3-40(f)(1)-(3), please consult these cases and any other relevant cases decided after the date of this chart.

Offense 39:3-40 (f) (3)   –School Zone suspensions —
driving while license suspended due to conviction for NJS.A. 39:4-50 or 39:4-50.4a, while driving in a school zone, or driving through a school crossing
1st Offense
– $1000 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 60 days nor more than 90 days
$750 DMV surcharges
-9 car insurance eligibility points for each violation

2nd Offense
– $1250 fine, and
– driver’s license suspension for not less than 12 months, nor more than 30 months, and
– incarceration of not less than 120 days nor more than 150 days
– if 2nd offense occurs within 5 years of a conviction for NJS.A. 39:3-40, then revocation of registration certificate for the period
driver’s license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation

3rd or Subsequent Offense
– $1500 fine, and
– driver’s license suspension for not less than 12 months, nor more than 24 months, plus may impose additional suspension not to
exceed 6 months
– incarceration for 180 days, and
– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of violator’s registration certificate for the
period driver’s license is suspended (see NJS.A. 39:3-40.1)
Note: The fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are imposed “notwithstanding” the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are in addition to those found in NJS.A. 39:3-40(a)-(e). This reading of the statute is suggested by State v. Wrotny, 221 NJ Super. 226, 228-30 (App. Div. 1987), though Wrotny does not explicitly hold as much. For a contrary reading of NJS.A. 39:3-40(f)(1)-(3), see State v. Walsh, 236 NJ Super. 151, 155 (Law Div. 1989), and State v. Rought, 221 NJ Super. 42, 47 (Law Div. 1987), which both held that the fines and penalties of NJS.A. 39:3-40(f)(1)-(3) are a substitute for those provided by NJS.A. 39:3-40(a)-(e). Before imposing sentence for a conviction under NJS.A. 39:3-40(f)(1)-(3), please consult these cases and any other relevant cases decided after the date of this chart.

Offense 39:3-40 (g)   –Surcharge Suspensions —
driving while license suspended for failure to pay surcharges under NJS.A. 17:29A-35
1st Offense
– $500 fine, and
– driver’s license suspension not to exceed 6 months, and
– $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed
-9 car insurance eligibility points for each violation

2nd Offense
– $750 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment not more than 5 days, and
– $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed,
$750 DMV surcharges
-9 car insurance eligibility points for each violation  and

– if 2nd offense occurs within 5 years of a conviction for NJS.A. 39:3-40, then revocation of registration certificate for the period
driver’s license is suspended (see NJS.A. 39:3-40.1)

3rd or Subsequent Offense
– $1000 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment for 10 days, and
– $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed
$750 DMV surcharges
-9 car insurance eligibility points for each violation

– if 3rd offense occurs within 5 years of a conviction of NJS.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see NJS.A. 39:3-40.1)

Speak with an experienced attorney to determine possible rights, defenses and mitigating factors.

NJ Car Insurance – Automobile Insurance Cost Reduction Act (AICRA)

The Automobile Insurance Cost Reduction Act (AICRA) provides policyholders with the choice of lower premium payments in exchange for limiting their right to sue for noneconomic damages.

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That option, the “limitation on lawsuit” threshold, restricts an accident victim covered by the policy from suing for noneconomic damages unless the victim suffers a bodily injury which results in death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent injury other than scarring or disfigurement.

The “verbal” threshold, the predecessor to the limitation on lawsuit threshold, required the accident victim to prove that her injury satisfied one of nine statutory categories in order to qualify for recovery of noneconomic damages.

In Oswin v. Shaw, (Oswin), the New Jersey Supreme Court concluded that under the verbal threshold, in addition to proving that her injury fit within one of the nine categories, the victim had to prove that she suffered a serious life impact. AICRA’s limitation on lawsuit threshold does not contain language requiring that an accident victim prove that the injury caused a serious life impact.

This appeal addresses whether Oswin’s serious life impact standard applies to AICRA’s limitation on lawsuit threshold

Why shop car insurance rates with us

Get Competitive, Cheap Auto Insurance Quotes Now!

Need relief from high car insurance prices? Want fast, multiple, cheap quotes from top-notch producers? We can help you get a break from those outrageous auto insurance prices!

Free personalized NJ car insurance advice from some of New Jersey’s finest insurance companies and independent agencies available online.

NJ Car insurance quotes from top companies.
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We Give You Options

Thousands of consumers lack the NJ car insurance coverage they need every year. There’s no stronger connection for affordable auto insurance!

When you trust us with your auto insurance needs, we’ll get you up to five free, competing quotes from leading insurers-and let you decide what suits you best. After all, who knows your needs better? Just submit your information in our quote box; let us match you with leading auto insurers in your area; and compare policies to see what’s best. [Your name here] makes it easy!

We Educate You

To get the best coverage at the best price, you must first get educated. Knowledge is the key to affordable auto insurance coverage.

Along those lines, remember to do the following when you shop for auto insurance:

  • Answer all application questions honestly and accurately
  • Get several quotes before you buy anything
  • Check all company and agent licenses
  • Do your research on coverage types and limits, and know what you need
  • Read everything carefully and be sure you understand all policy terms
  • Ask your agent for discounts

We Focus on You

Whether you need cheap car insurance for yourself, your teenager or your entire family, njpaip.com cares. We’ll focus on your needs and work hard to find you just what you need-at a price you can afford.

Don’t pay those high car insurance prices another minute. Put NJ Car Insurance Network companies to work, and pocket the savings!

I had an automobile accident – what should I do now?

What should I do if I have an accident?

So, when you shop for NJ Car Insurance, do not just ask if a discount exists, but also ask how much you save. Savings can differ from company to company.
The duties you need to perform after you have an accident are prescribed both by state law and by the terms of your contract. Obviously, the first thing you should do is make sure everyone is all right and call an ambulance if one is needed.

Second, for most accidents in most states, the police should be notified.

Third, you should give the other driver(s) involved in the accident your name, address, telephone number, and the name of your insurance company and/or your insurance agent. You also need to get this same information from the other driver(s).

Fourth, at the first opportunity, you should contact either your insurance agent or your insurance company to notify them that you have been involved in an accident.Finally, there are a number of conditions in the insurance contract that you must satisfy in order to receive compensation from your insurer.

For example, you need to cooperate with your insurer during any investigation undertaken during the claims settlement process. Failure to complete any of these actions can, and sometimes does, result in non-payment by your insurance company for losses that otherwise would have been covered.


Why does the premium for my automobile insurance go up if I have an accident or if I get a ticket?

Actuaries and statisticians who have compared and studied the claiming behavior of people involved in accidents have long known that people who have either had an accident or received a ticket recently are more likely to have another accident in the next couple of years than people whose recent driving record has been incident free.

Insurance companies use this information not to punish people who have had an accident, but to charge them the premium that most accurately reflects their likelihood of having an accident. People who are more likely to have accidents should reasonably be expected to pay higher premiums.

NJ Car insurance quotes from top companies.
Get huge savings buying online!

Car Title Loans be Very Careful if you use them in New Jersey

So, when you shop for NJ Car Insurance, do not just ask if a discount exists, but also ask how much you save. Savings can differ from company to company.

Sometimes desperate times call for desperate measures. But times must be desperate indeed if you have to pay triple-digit interest rates for a small, short-term loan, particularly when it means risking the loss of your car.

Unfortunately, a growing number of New Jerseyans who find themselves in a financial bind are turning to car title loans, a source for quick money that could end up costing them their vehicle, often the most valuable thing they own.

Title loans are marketed as small emergency loans, with the customer handing over his or her car title and an extra set of keys as collateral. A typical car title loan has a triple-digit annual interest rate, requires payment within one month and is for much less than the value of the car.

“Title loans trap borrowers in perpetual debt through unaffordable balloon payments, high interest costs and the threat of repossession”.
Car title lenders generally require prospective borrowers to have free and clear title to the car before giving a loan. The lender then decides how much the consumer can borrow, based on the vehicle’s value. The loan-to-value ratio is rarely greater than 33 percent, making it a win-win situation for the lender if the borrower defaults.

Title loans usually carry an interest rate of about 25 percent for 30 days. And, if you can’t pay off the loan at the end of 30 days, it will roll over with the same interest rate. That works out to about 300 percent annually. A $500 loan on the first of the month turns into a $625 debt at the end of the month.

The possible loss of your car makes these loans dangerous. “If you lose your car, everything else just cascades”. “You can’t access your job or health care and, therefore, you fall behind on other bills, and it makes life almost impossible.”
Car title lending was introduced in the early 1990s as an alternative to payday loans and has been growing rapidly, according to a study by the Center for Responsible Spending and the Consumer Federation of America. The recently released study indicates that, while some states have started to pass laws protecting borrowers from predatory lending practices by placing restrictions on repossessions and capping interest rates, many states have no title lending laws.

It’s estimated that there are currently more than 15,000 title loan shops in the United States.

“We feel that if states allow this type of lending then they need to regulate it much better,” says Amy Q, policy and litigation counsel for the Center for Responsible Lending. “There is a lot of variety from state to state regarding title lending. However, I think title lenders have been operating below the radar and lobbying for special treatment and exploited loopholes.”

The credit industry has a very strong lobby everywhere, and most consumer advocates say it will be tough to get something accomplished unless more politicians are involved.

With no laws in place, you will find uncapped interest rates, some as high as 1200 percent.

NJ Car insurance and Credit Based Insurance Scoring

New Jersey Drivers at the bottom of the credit heap file 40-percent more claims than drivers at the top of the credit heap, according to a study by the Insurance Information Institute.

So, when you shop for NJ Car Insurance, do not just ask if a discount exists, but also ask how much you save. Savings can differ from company to company.

Consequently, having black marks on your credit report could really bump up your New Jersey car insurance rates.

“A NJ consumer with bad credit is going to pay 20- to 50-percent more in car insurance premiums than a person who has good credit.

On the flip side, if you have sparkling credit you could land lower insurance rates by shopping around.

Here’s why. Most NJ car insurance companies use credit data when underwriting new customers. Far fewer, just 14 percent of the nation’s largest insurers, use credit data on contract renewals. And some states don’t allow this practice at all.

So if you’ve been with your NJ auto insurer for a while, there’s a good chance your shiny credit record could land you a lower insurance rate at another company.
“Obviously, consumers with good credit are going to be in the best possible position,”
“If you know you have good credit, you may want to shop around. Even with an accident, you could qualify as a preferred customer with some insurance companies.”

A study by the Casualty Actuarial Society shows that people with prior driving violations or accidents and good credit have much better loss ratios than people with clean driving records and a bad credit history.
New Jersey car insurance companies price policies based on a customer’s potential to file a future claim. So someone with a flawed driving record and clean credit record could actually end up paying less for auto insurance than someone with a spotless driving record and a spotty credit record.

Credit isn’t the main driver
Keep in mind, a credit record is just one of several factors that an auto insurer considers when pricing your policy. Other factors include your age, the type of car you drive, how many miles you drive and whether you live in an urban or rural area.
Just how big an impact your credit record has on your auto insurance bill varies based on the state you live in and the insurance company you choose.
“Good credit at one company may not be a good insurance score at another company” “That’s why it’s important to shop.”
Insurance is regulated at the state level. Some states allow auto insurers to use credit data in the approval process. Others allow insurers to use credit data when determining what rate class a driver falls into. Some use it for both.
For more information, contact the insurance department in your state. This map from the National Association of Insurance Commissioners links to each state’s insurance department.

Insurance score secrets
Your New Jersey auto insurance company doesn’t actually peek at your credit report. Instead, it receives an insurance score from a credit bureau based on the information in your credit record.
Fair, Isaac and Co. How to get the credit bureaus with the formulas to crunch insurance scores. Some insurance companies have their own scoring models.
Like a credit score, an insurance score is based on information found in a consumer’s credit file. But the formulas used to arrive at the two types of scores are quite different.
“An insurance score is going to be less concerned with your propensity to take on new credit and more interested in how long you’ve been managing credit”.
“Insurance scores focus on issues of stability.”
Curious about your insurance score? Good luck finding out. Insurance companies aren’t required to tell, and few do.
Even if you could find out your insurance score, it might not be all that helpful. Yes, it could give you a sense of how a single auto insurer rates your credit record, but that’s it.
When it comes to insurance scores, there’s no uniform standard. So another insurance company, using another scoring model, could assign you a different insurance score and offer you vastly different rates.
The key thing to realize is your credit record does affect the cost of your auto insurance.
If you’re having credit problems, it’s best to stick with your current auto insurer until your credit record improves. If you must shop for a new auto policy, ask the insurer if they use credit data in their decision-making process. Not all insurance companies do.
You may be better off doing business with a company that doesn’t use credit data when underwriting new customers.

It’s also a good idea to check your credit report before shopping for auto insurance.

Sometimes desperate times call for desperate measures. But times must be desperate indeed if you have to pay triple-digit interest rates for a small, short-term loan, particularly when it means risking the loss of your car.
Unfortunately, a growing number of New Jerseyans who find themselves in a financial bind are turning to car title loans, a source for quick money that could end up costing them their vehicle, often the most valuable thing they own.

NJ Car insurance Law

So, when you shop for NJ Car Insurance, do not just ask if a discount exists, but also ask how much you save. Savings can differ from company to company.

NJ state law requires all registered New Jersey Cars to maintain automotive liability insurance, N.J.S.A. 39:6A et seq. Personal auto coverage may be obtained on a voluntary basis or through the New Jersey Personal Automobile Insurance Assigned Risk Plan. Rate Filing Requirement – N.J.A.C. 11:3-16 Eligible Persons Regulation – N.J.A.C. 11:3-34 Standard/Nonstandard Regulation – N.J.A.C. 11:3-19 Underwriting Guidelines – N.J.A.C. 11:3-35

Learn more at the NJ Department of Insurance Website