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Darryl M. Saunders

Attorney At Law

83 Polk St.

Newark, NJ 07105

p:(973) 643-8900

f: (973) 643-2221

e:zc_sandman@yahoo.com

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Are there surcharges that NJDMV might charge?

If you are assigned points on your Driver License, you may have to pay point surcharges for a number of years in addition to any court-imposed fines and penalties.

Point surcharges:
$100 for six points, and
$25 for each additional point

Some Additional surcharges:
$100 for driving while unlicensed (39:3-10)
$250 for driving on the Revoked List (39:3-40)
$250 for operating an uninsured vehicle (39:6B-2)

Can a conviction for this offense lead to a suspension or revocation of my license?

There are two different methods by which a driver’s license can be suspended: an in-court suspension or an administrative suspension. Some of the more common violations which can lead to an in-court suspension or revocation of your driver’s license are:

VIOLATION TERM OF LOSS - FOR FIRST OFFENSE

Driving without Liability Insurance: 39:6B-2 One year loss of driving privileges
Driving while Suspended: 39:3-40 Six (6) months license suspension
Injury or Death - Leaving the Scene of an Accident One year license loss
Property Damage - Leaving the Scene of an Accident Six (6) months license loss

You should know your motor vehicle point status. If you don’t, you can find it out by contacting NJDMV and requesting a driver’s abstract (ask for a certified, driver‘s abstract) . This abstract contains your full driving history, and will even list driving events in other states.

Can a conviction of this offense lead to jail time, or a large (over $200) fine or penalty?

The following are some of the most common charges which can lead to jail time or large fines:

Driving without Liability Insurance: 39:6B-2
"A violator shall be subject, for the first offense, to a fine of not less than $300 nor more than $1000..."

Reckless Driving: 39: 4-96
Fines range from $50.00 to $200.00, however they may be doubled in certain circumstances.
Punishment may be by imprisonment in the county or municipal jail for a period of not more than 60 days.

Careless Driving: 39:4-97
Fines range from $50.00 to $200.00, however they may be doubled in certain circumstances.

Speeding: 39:4-98
Fines range from $50.00 to $200.00, however they may be doubled in certain circumstances.
A sentencing judge may impose a sentence of up to 15 days in jail.

Driving While Suspended: 39: 3-40
A fine of $500, additional six (6) months license suspension.

Leaving the Scene of an Accident - Injury or Death: 39:4-129
$500 to $1000 and/or jail term of 180 days and one year license loss.

Leaving the Scene of an Accident - Property Damage: 39:4-129
$200 to $400 fine and/or 30 days jail term and up to six (6) months license loss.

Will I have to pay Court Costs/Court Surcharges?

Courts will also usually assess court costs/surcharges in the range of $32.00 per conviction.

Should I plead guilty or not guilty?

To answer this question you’ll have to factor in the potential fines, penalties, surcharges, court costs, motor vehicle points, insurance eligibility points, and effects on your driving privileges that will follow a guilty plea to the charged offenses.

If you plead not guilty, you have an opportunity to go to court and have a trial, at which the state, represented by the municipal prosecutor, will have to prove your guilt to the judge beyond a reasonable doubt. You can also plead not guilty and, see if you or your lawyer can plea bargain with the municipal prosecutor for a factually similar, but legally different result. The municipal court judge, prosecutor and police officer all have access to your driving abstract, and this is a major factor in the state’s decision on the terms of a plea bargain.

If you plead not guilty, should you go to trial or try to plea bargain?

To answer this question you need to know what evidence you can and cannot present at trial, and you need to understand the legal standards of proof required to be successful in your defense. You have to understand the whole picture of what you’re looking at if you’re convicted of the charges against you in court.


Disclaimer:
The information provided on this website is for general informational purposes, and is not intended to be, nor should it be, construed as legal advice.

The information is provided to appraise the public of general information on the law. It is understood that no attorney-client relationship is entered into by sending, receiving or answering e-mail queries. It is also understood that generally a retainer agreement must be read, understood and signed by an attorney and any prospective client before an attorney-client relationship is commenced.

 

©2005  The Law Office of Darryl M. Saunders