During my nearly 30 years as a New Jersey Traffic Violations Attorney, I seen time and again that many drivers receive Traffic Tickets which can expose them to jail time and just how devastating the consequences can be. I am an experienced New Jersey Traffic Ticket Attorney and I have helped many hundreds of people avoid jail time, avoid loss of driver’s license, minimize motor vehicle points and max fines.
This article brings to your attention a quick inventory of the most serious Traffic Tickets and possible penalties.
Did you know that a conviction for DWI or DUI can expose you to jail?
Violation of N.J.S.A. 39:4-50–DRIVING WHILE INTOXICATED (DWI) whether impaired by alcohol consumption or impaired by drug consumption. On a 1st offense, the statute allows the Court to impose jail from zero (0) days to thirty (30) days; On a 2nd offense, the statute allows the Court to impose jail from a minimum of two (2) days to a maximum of ninety (90) days, but community service in lieu of jail, may be imposed in the court’s discretion; On a 3rd or subsequent offense, the court must impose a minimum mandatory jail term of one hundred and eighty (180) days, ninety (90) of which can be served in an (approved) “in-house” rehabilitation center. An experienced Traffic Ticket Attorney can likely prevent the imposition of jail on first and second offenses. On a third or subsequent offense, 180 days jail is mandatory.
Did you know that driving or operating a motor vehicle while driver’s license is suspended by MVC can expose you to jail?
Violation of N.J.S.A. 39:3-40–DRIVING WHILE DRIVER’S LICENSE OR VEHICLE REGISTRATION IS REVOKED for an ADMINISTRATIVE VIOLATION. On a 1st offense, no jail is imposed; On a 2nd offense, the court must impose jail term of minimum one (1) day, maximum five (5) days; On a 3rd or subsequent offense, the court must impose a minimum mandatory jail term of ten (10) days. If the driver’s license suspension is administrative, an experienced Traffic Ticket Attorney can likely prevent the imposition of jail, provided you can get your driver’s license restored with MVC.
If, however, the driver’s license or automobile registration was suspended for a DISCIPLINARY VIOLATION, such as DWI, and you are operating a motor vehicle before your license is restored by Motor Vehicle Commission (MVC), mandatory jail time for violation of N.J.S.A. 2C:40-26 must be imposed as follows. If you have only the one (1) DWI conviction, the first event of driving while suspended would expose you to jail time of not less than ten (10) days and not more than ninety (90) days. On a 2nd event of driving while suspended, your exposure would be mandatory jail time up to eighteen (18) months, six (6) months of which there is no possibility of parole (plus a 4th degree felony criminal record). If you have 2 (two) prior DWI convictions and you are caught driving while suspended it is an automatic violation of the 2C:40-26 criminal statute and your exposure is the mandatory eighteen (18) months jail time, six (6) months of which must be served before eligible for parole (release). Under these circumstances, an experienced Traffic Ticket Attorney cannot keep you out of jail altogether, although I have been able to obtain lesser jail time than the mandatory sentencing in the Statute.
Did you know that driving or operating a motor vehicle that is not insured for bodily injury, PIP, UM, UIM, can expose you to jail?
Violation of N.J.S.A. 39:6B-2–DRIVING OPERATING A VEHICLE WHILE THE VEHICLE IS UNINSURED.
On a first offense, there is no provision for jail–just a fine of up to $1,000.00 and a mandatory twelve (12) month driver’s license suspension.
On a second offense, the court must impose a minimum mandatory jail time of fourteen (14) days plus community service of thirty (30) days in addition to a $5,000.00 mandatory fine and a two (2) year minimum mandatory driver’s license suspension. On a second offense, an experienced Traffic Ticket Attorney New Jersey can possibly help you avoid jail, provided you re-insure the vehicle within a reasonable period of time after you are charged.
Did you know that willfully Reckless Driving can expose you to jail?
Violation of N.J.S.A. 39:4-96–Reckless Driving, if deemed to be “willfully reckless” can expose the driver to jail time. On a first offense, jail time can be imposed for a term not to exceed sixty (60) days; On a second offense, jail time can be imposed for a term not to exceed ninety (90) days. See State v. Moran defining “willfully reckless” conduct. A good example would be something along the lines of deliberately drag racing vehicles in a 25 m.p.h. school zone. An experienced Traffic Ticket Attorney may be able to keep you out of jail if the facts support it.
Did you know that failure to appear in court for trial can expose you to jail for contempt of court?
Of course, one can also be fined and imprisoned for Contempt of court, i.e., for failing to appear in court when noticed by the court to do so.
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If you are charged with any of the above-mentioned charges, you need to be represented by an experienced Traffic Ticket Attorney New Jersey before you go to court to maximize your chances to stay out of jail and minimize duration of driver’s license suspension, motor vehicle points, max fines.
No matter how great the consequences of conviction you are facing, if retained to represent you, I can often obtain a “no jail” resolution for you.
