There are numerous direct and collateral legal consequences associated with a conviction for Speeding (N.J.S.A. 39:4-98 and 39:3-20(b), N.J.A.C. 19:9-1.2 and 19:2-2.1) in the Municipal Courts of New Jersey. The direct consequences are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of direct consequences associated with Speeding include imprisonment up to 15 days (N.J.S.A. 39:4-104), suspension or revocation of driver's license (N.J.S.A. 39:5-31), and a fine of up to $400.00 (N.J.S.A. 39:4-98, 39:4-98.7, 39:4-104). Examples of collateral consequences associated with Speeding include up to 5 points imposed by the New Jersey Motor Vehicle Commission, work-related problems, commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment for 6 or more motor vehicle penalty points (N.J.S.A. 17:29A-35), and up to 5 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix). It is important to note that when a driver is accused of traveling at a high speed, namely exceeding the posted speed limit by 25 mph or more, the police will often issue additional traffic summonses, such as for Careless Driving: likely to endanger persons or property (N.J.S.A. 39:4-97, 27:23-26, 27:25A-21(b), and N.J.A.C. 19:9-1.17) and Reckless Driving (N.J.S.A. 39:4-96). In those situations, the potential consequences are even greater, such as a suspension of driving privileges for willful violations (N.J.S.A. 39:5-31).

The information above is a brief overview of the potential consequences associated with Speeding tickets in the Municipal Courts of New Jersey. Especially in high speed cases, it is critical to hire an experienced defense attorney who is familiar with the enumerated mitigating sentencing factors to prepare and present a persuasive excessive hardship argument based upon the specific circumstances of your matter in order to try to reduce or avoid the potential negative consequences.

All individuals convicted of Operating a Motor Vehicle Under the Influence of Alcohol or Drugs (DUI-DWI) and/or Refusal to Submit to a Breath Test (Refusal) in New Jersey must satisfy the screening, evaluation, referral, program, classes, and fee requirements of the Intoxicated Driving Program (IDP), the Intoxicated Driver Resource Center (IDRC), and a program and/or classes of substance use disorder education and highway safety (N.J.S.A. 39:4-50(b), N.J.S.A. 39:4-50.4(a)).

IDP is part of the Division of Mental Health and Addiction Services of the State of New Jersey. IDP is responsible for managing and coordinating court-mandated requirements for individuals with DUI-DWI and/or Refusal related convictions and monitoring services provided by the IDRC (N.J.A.C. 10:162-1.2). The IDP is responsible for the administration of post-conviction interventions for individuals convicted of DUI-DWI offenses.  Through a partnership between the Department of Human Services, Administrative Office of the Courts, and the New Jersey Motor Vehicle Commission (MVC), the IDP administers New Jersey's post-conviction DUI-DWI and/or Refusal offenses system, approves and coordinates a network of county based and regional IDRC facilities that detain, educate, and screen individuals to determine the need for additional addiction treatment interventions, recommends appropriate license action (suspensions and/or restorations) to the MVC, and manages various other issues regarding documentation, general information, and response to public inquiry.

IDRC educates and evaluates individuals who have been convicted of DUI-DWI and/or Refusal. These individuals are mandated by the Municipal Court to participate in the IDRC program. IDRC facilities are established and operated by the counties in New Jersey and approved by the IDP. The IDRC detains and determines, on the basis of an evaluation and counselor evaluation and other information, the extent, if any, of an individual's substance use disorder-related problem and that monitor and report on referrals to approved treatment programs (N.J.A.C. 10:162-1.2).

There is a potential of serious consequences in the event an individual fails to report to the initial IDRC screening or evaluation or any subsequent IDRC ordered treatment referral. The IDRC will notify the Municipal Court about the person's alleged non-compliance with the IDRC requirements (N.J.S.A. 39:4-50(f)). The Municipal Court will then schedule a non-compliance hearing (N.J.A.C. 10:162-8.1). An individual who is found to be in non-compliance with the IDRC requirements (i.e. attendance, education, screening, evaluation, referral, program, and/or fee) is subject to a two day Jail term by the Municipal Court and an indefinite revocation or suspension of their driver's license by the MVC until the requirements are satisfied (N.J.S.A. 39:4-50(b)).

The information above is a brief overview of IDRC non-compliance matters in the Municipal Courts of New Jersey. You should contact an experienced DUI-DWI defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences.

The statute of limitations is the time limitation or deadline for the commencement or beginning of a prosecution. The applicable statute of limitations in New Jersey depends upon the type of offense. In the case of most traffic offenses, the time limitation is generally within 30 days after the date of the offense (N.J.S.A. 39:5-3). However, certain traffic violations have longer deadlines, such as 1 year for Leaving the Scene of an Accident (N.J.S.A. 39:4-129, N.J.S.A. 39:5-3b), 6 months for Driving Without Insurance (N.J.S.A. 39:6B-2), 90 days for Driving While Suspended (N.J.S.A. 39:3-40, N.J.S.A. 39:5-3b), 90 days for DUI-DWI and Refusal to Submit to a Breath Test (N.J.S.A. 39:4-50, N.J.S.A. 39:4-50.4a, N.J.S.A. 39:5-3b), and 90 days for Failure to Observe a Traffic Control Device, Traffic Signal or Traffic Light (N.J.S.A. 39:4-81, N.J.S.A. 39:5-3a).

​The information above is a brief overview of the statute of limitations associated with traffic ticket matters in the Municipal Courts of New Jersey. You should contact an experienced traffic violation defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences.

There are numerous direct and collateral legal consequences associated with a conviction for Leaving the Scene of an Accident (N.J.S.A. 39:4-129) in the Municipal Courts of New Jersey. The direct consequences are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of direct consequences associated with Leaving the Scene of an Accident (N.J.S.A. 39:4-129) include imprisonment up to 180 days, suspension of driver's license up to a permanent forfeiture, and a fine of up to $5,000.00. Examples of collateral consequences associated with Leaving the Scene of an Accident (N.J.S.A. 39:4-129) include up to 8 points imposed by the New Jersey Motor Vehicle Commission, immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment for 6 or more motor vehicle penalty points (N.J.S.A. 17:29A-35), and up to 8 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix). A direct consequence associated with Failing to Report an Accident (N.J.S.A. 39:4-130) includes a fine of up to $100 or up to $1,000 in the event a person suppresses, by way of concealment or destruction, any evidence of a violation or suppresses the identity of the driver.

The information above is a brief overview of the potential consequences associated with Leaving the Scene and Hit and Run matters in the Municipal Courts of New Jersey. You should contact an experienced defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences.

Yes, operating a motor vehicle during a period of driver's license suspension in New Jersey is very serious and could result in significant direct and collateral consequences. Depending upon the circumstances of the case, a suspended driver is subject to the penalties of a traffic offense (N.J.S.A. 39:3-40) or a 4th degree crime (N.J.S.A. 2C:40-26). The direct penalties associated with the 4th degree crime include a term of mandatory imprisonment up to 18 months, of which at least 6 months shall be served without parole. The direct penalties of the traffic offense include a fine of up to $1,500, an additional license suspension of up to 30 months, and imprisonment up to 100 days. The collateral consequences associated with a suspended license violation include immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, international travel restrictions (some countries deny entry to travelers with certain convictions), commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment of $250.00 per year for 3 years (N.J.S.A. 17:29A-35), and 9 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix).

In the event a driver is not issued a ticket by a police officer for operating while suspended, but instead receives a ticket for another moving violation or is involved in an accident while suspended, the New Jersey Motor Vehicle Commission (MVC) will automatically issue a Scheduled Suspension Notice to the driver for 180 days (i.e. 6 months) of license suspension when the moving violation and/or accident is reported to the MVC (N.J.S.A. 39:3-40, N.J.S.A. 39:5-30, and N.J.A.C. 13:19-10.8).

The information above is a brief overview of the serious nature of matters involving driving with a suspended driver's license. You should contact an experienced defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.

​There are multiple levels of crimes and offenses in the State of New Jersey. The term crime is typically associated with criminal charges, which are categorized as felonies. There are four classifications of crimes, namely 1st degree, 2nd degree, 3rd degree, and 4th degree (N.J.S.A. 2C:43-1). Generally, 1st degree crimes are the most serious (i.e. imprisonment between 10 and 20 years N.J.S.A. 2C:43-6) followed by 2nd degree crimes (i.e. imprisonment between 5 and 10 years N.J.S.A. 2C:43-6). Next are 3rd degree crimes (i.e. imprisonment between 3 and 5 years N.J.S.A. 2C:43-6) followed by 4th degree crimes, which are the least serious (i.e. imprisonment up to 18 months N.J.S.A. 2C:43-6). Ordinarily, there is a presumption of non imprisonment (N.J.S.A. 2C:44-1) associated with 3rd and 4th degree crimes. However, there are certain exceptions when that presumption does not apply (i.e. N.J.S.A. 2C:12-1(b)(12) Aggravated Assault-Domestic Violence, N.J.S.A. 2C:12-1.1 Knowingly Leaving the Scene of an Accident Resulting in Serious Bodily Injury, N.J.S.A. 2C:29-2 Eluding Police) and some 3rd and 4th degree crimes have mandatory minimum periods of parole ineligibility (i.e. N.J.S.A. 2C:40-26 Operating Motor Vehicle During Period of License Suspension). In addition, crimes referred to as high misdemeanors are categorized as 3rd degree crimes and crimes referred to as misdemeanors are categorized as 4th degree crimes (N.J.S.A. 2C:43-1).

​The term offense is typically associated with quasi-criminal matters, namely disorderly persons offenses, petty disorderly persons offenses, municipal ordinance violations, and motor vehicle offenses. Generally, disorderly persons offenses are the most serious (i.e. imprisonment up to 6 months N.J.S.A. 2C:1-4) and traffic offenses are the least serious. However, there are exceptions due to the fact that certain offenses are categorized as motor vehicle and traffic offenses (i.e. N.J.S.A. 39:3-40 Driving While License Suspended or Revoked, N.J.S.A. 39:4-50 Operating Under the Influence of Liquor or Drugs, and N.J.S.A. 39:4-129 Leaving the Scene of an Accident), but have mandatory jail sentences depending upon the facts, circumstances, and the number of prior offenses.

​The information above is a brief overview of the levels of crimes and offenses. You should contact an experienced criminal defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.

There are numerous direct and collateral legal consequences associated with a conviction for Operating Under the Influence of Liquor or Drugs (N.J.S.A. 39:4-50), Refusal to Submit to Chemical Test Penalties (N.J.S.A. 39:4-50.4a), and Consent to Take Samples of Breath Record (N.J.S.A. 39:4-50.2) in the municipal courts of New Jersey. The direct consequences of a DUI-DWI offense are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of direct consequences associated with a DUI-DWI offense include imprisonment up to 180 days, forfeiture of driver's license for up to 8 years, installation of an ignition interlock device for up to 4 years, fine of up to $1,000.00, counseling requirements of the intoxicated driver's resource center (IDRC), and community service for 30 days. Examples of collateral consequences include immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, international travel restrictions (certain countries deny entry to travelers with DUI-DWI convictions), commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment of $1,000.00 per year for 3 years for the 1st and 2nd offenses; and $1,500.00 per year for 3 years for 3rd and subsequent offenses (N.J.S.A. 17:29A-35), 9 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix), prohibition from acquiring vanity (i.e. personalized) license plates for 10 years (N.J.A.C. 13:20-34.4), and loss of right to sue with no cause of action for recovery of economic or non-economic loss sustained as a result of an accident (N.J.S.A. 39:6A-4.5(b)).

The information above is a brief overview of the potential consequences associated with a DUI-DWI matter in Municipal Court. You should contact an experienced DUI-DWI defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences.

In Municipal Court, Post-Conviction Relief (PCR) involves the filing of a petition in order to correct an injustice (Court Rule 7:10-2). Post-conviction means after a judgment of conviction and sentence, which occurs after a trial or guilty plea. A petition for PCR challenges a judgment of conviction and sentence that was previously imposed by the same court. The PCR process is a different and separate process from the appeal process. A petition for PCR is not a substitute for an appeal. The appellate process seeks a review by a higher court, whereas the PCR process occurs in the same municipal court as the proceedings which gave rise to the conviction. Generally, a PCR petition alleges a denial of constitutional rights, there was no factual basis provided to the Court in order to support the plea, ineffective assistance of counsel, an illegal sentence was imposed, a lack of jurisdiction, or most commonly, the petition seeks to obtain relief from an enhanced custodial term based on a uncounseled prior conviction. In some circumstances, there are also motions that may be filed on a post-conviction basis, such as a motion for a new trial due to fraud, lack of jurisdiction, or newly discovered evidence (Court Rule 7:10-1) and/or a motion to withdraw or vacate a guilty plea in order to correct a manifest injustice (Court Rule 7:6-2). Importantly, there are specific time limitations and restrictions associated with the filing of certain types of petitions or motions.

PCR is a very important tool utilized by experienced defense attorneys in order reduce potential direct and collateral consequences for clients. Specifically, when clients are facing a 3rd DUI-DWI offense, skilled DUI-DWI lawyers will immediately investigate the prior DUI-DWI matters in order to determine whether the prior offenses can be challenged on a PCR basis. In the event a PCR petition is successful in connection with a prior DUI-DWI offense, then the prior uncounseled conviction may not be used to enhance the jail sentence associated with a 3rd offense. Accordingly, the client may not be subject to the mandatory jail term of 180 days. In certain circumstances, the client may not be subjected to any jail sentence at all.

The information above is a brief overview of PCR in Municipal Court. You should contact an experienced defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.

A defense lawyer plays a critical role in the justice system, namely representing someone who is suspected or accused of committing a crime or offense. The defense lawyer's job is to protect the rights of a suspect or defendant by providing effective legal assistance and advice to their clients. Every suspect or defendant has the constitutional right to remain silent and cannot be forced to answer any questions or make any statements. The only person that a suspect or defendant should speak to is their defense lawyer since everything they discuss privately is privileged and confidential.  Often times, the only person that a suspect or defendant can trust is their defense lawyer. A defense lawyer is the only person on their side in the justice system. A defense lawyer is the only party in a criminal case who has the duty and responsibility of balancing the scales of justice for the accused. A defense lawyer understands that it is the government's burden or job to prove that the defendant violated each and every element the law that they are accused of violating beyond a reasonable doubt. Therefore, a defense lawyer never has to prove a client's innocence. A common misconception still exists that a defense lawyer's job it to prove that the client did not commit the crime or offense. That is not the job of a defense lawyer. Many criminal laws and traffic laws have numerous elements that the government is required to prove beyond a reasonable doubt. A defense lawyer protects the rights of their clients by challenging the government's evidence through skilled methods, such as presenting legal arguments and questioning witnesses in Court in order to show the existence of reasonable doubt. Therefore, defendants who have a defense lawyer do NOT have to give up their important constitutional right to remain silent in order to challenge the government's case by presenting arguments or defenses in Court.

The information above is a brief overview of the role of a defense attorney. You should contact an experienced defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.

Unfortunately, there appears to be a popular misconception and common misunderstanding about the administration of the penalty points system associated with traffic tickets and traffic violations. You have probably heard someone say "I know that the points transfer" in a very matter of fact way. However, did you know that the point system does not operate according to such a simple and false principle?

​Typically, the penalty point system is administered by the State's department of motor vehicles (i.e. the DMV; not the Courts). Each State has different laws and regulations that govern the assessment of points. As a result, the point system operates differently in each State. For example, the State of New York does not record out of state moving traffic violations for regular drivers (i.e. non-commercial drivers), except for serious violations or violations that occur in Ontario, Canada and Quebec, Canada. However, the State of New Jersey Motor Vehicle Commission (NJ MVC) generally imposes 2 points for each out of state moving traffic violation. Therefore, the phrase "points transfer" is not technically accurate. In fact, the proper explanation is that the record (i.e. the result; not the points) of certain violations may be reported and transferred from one State to another, but the total number of penalty points, if any, depends upon the State in which you have a driver's license (i.e. your home State).

For example, a driver with a regular, non-commercial, NY driver's license who pleads guilty or is found guilty of an Improper Passing violation in NJ, which carries 4 points in NJ, will not be assessed any points by the NY DMV when the violation is reported to NY because NY does not record, acknowledge, or accept the transfer. However, please note that the NJ MVC imposes financial surcharges upon drivers who accumules of 6 or more points and upon drivers who plead guilty or are found guilty of certain violations. In addition, the NJ MVC may suspend or revoke a driver's license or driving privileges in NJ based upon their record of violations and/or accumulation of penalty points.

Another example is a driver with a NJ driver's license who pleads guilty or is found guilty of a Speeding violation in NY, which carries 6 points in NY, will only be assessed with 2 points by the NJ MVC when the violation is reported to NJ. However, please note that the driver in this example will likely face significant penalties in NY for such a violation and the NY DMV Driver Responsibility Assessment financial penalty. In addition, the NY DMV may suspend or revoke a driver's license or driving privileges in NY based upon their record of violations and/or accumulation of penalty points.

Please be aware that the total point assessment and other penalties can be greater in your home State as opposed to the State in which you received the ticket for the alleged violation.

The information above is a brief overview of point system. You should contact an experienced traffic violation defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.