There are numerous direct and collateral 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 and/or Refusal 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 offense include jail up to 180 days, forfeiture of driver's license up to 8 years, ignition interlock device installation up to 4 years, fine up to $1,000.00, counseling requirements of the intoxicated driver's resource center (IDRC), and community service. 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 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 or 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 above information is a brief overview of the potential consequences associated with a DUI and/or Refusal matter in the municipal court. You should contact an experienced DUI 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. Leave a Reply. |
Vache Edward Bahadurian, Esq.
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201-996-1161 |
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