Reasons For Drivers License Suspension in New Jersey

Monday, September 30th, 2013

Getting your license suspended can be an unfortunate life changing event.  From the time you got your license as a teenager, you have enjoyed the freedom and mobility that a driver’s license has given you.

New Jersey has many reasons why they may suspend your license, but we will go over the 4 most popular offenses.

Points -  In the state of New Jersey, for every moving violation a driver commits, they will receive points on their license.  When the driver accumulates 12 or more points, their license will become suspended.

No Insurance – The state of New Jersey will suspend your license if you are caught driving without car insurance.  New Jersey requires all motor vehicles to obtain insurance.  You must also carry your proof of insurance with you at all times.  Depending on the situation, you can also have your license suspended if you can’t provide proof of insurance at the time it is required.

Driving Under the Influence –  If you are caught driving under the influence of drugs or alcohol, the state of New Jersey will suspend your license.  The suspension time will vary depending on the severity of the situation and will also vary depending on whether this is a first time or repeat offense.

Driving With Suspended License -  If you are caught driving with an already suspended license, then the state of New Jersey will increase the length of time of the suspension.  Depending on the severity of the situation, the state of New Jersey can also charge imprisonment for up to 5 years.  You can also have your license suspended if you are caught driving without your license.

Obtaining the best attorney in NJ is the smartest move you can make when you commit a crime that will lead to suspension of your license.  Whether the suspension is due to no insurance or a DWI in NJ, Charles Block has the experience needed to get you the best results possible.

 

Being Smart This Holiday Season is Crucial To Staying Out of Hand Cuffs.

Tuesday, November 20th, 2012

While everyone is out enjoying the holiday with beer, wine and spirits the local police force is on patrol most likely not in the holiday spirit. Because the numbers of people on the roads increase dramatically during this time, it is not uncommon for the amount of check points to go up through these next couple of months.  Being smart this holiday season is crucial to staying in the company of your family and not with the counties finest this year.

It isn’t uncommon for people to get jammed up with the police while celebrating the holidays for getting a DUI and DWI in NJ. But by planning ahead you can keep yourself out of trouble and out of the local newspaper.  Before you go to a family members , friends or your local bar to celebrate make a few good decisions:

First, figure out how you are going to get your destination safely.

Second, make arrangements to get picked up before you go so that you aren’t stranded at the end of the night. No matter how old you are, your parents will always pick you up.

Third, if going to a family members or friend’s house bring a blanket and pillow so you can find a spot to crash. We all know that after a few drinks a couch or floor is just fine.

Lastly, be smart! Draw straws to see who the designated driver is. Sometimes we all have to put our pride aside and step up to keep our family and friends safe! Being this person is a big responsibility, but comes with the peace of mind knowing that not only will you get home safe and sound but also that the people you are with will as well. In some ways this can be the biggest present you can give. Also you won’t be looking for an expungement Lawyer in NJ to get rid of you DUI and DWI in Camden County NJ.

 

The Effects Of Drinking And Driving

Friday, July 6th, 2012

Drunk driving is a major problem that law enforcement is striving to prevent and control. An alcohol-related car accident and drunk-driving conviction can have many negative consequences in your life, including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, and restrictions on or revocation of your driver’s license.

The causes and effects of drinking and driving are staggering. Poor coordination, disorientation, blackouts, slurred speech, poor self-esteem and double vision are just the short-term effects of alcohol abuse. The long-term effects of alcohol consumption can include heart disease, peptic ulcers and cirrhosis a debilitating liver disease called.

Studies have shown it only takes three to four, 12-ounce beers for a 170 pound male to become intoxicated, and one to three of those same beers for an average sized woman to become intoxicated.

After the nightmare of a drunk-driving trial, conviction and sentence, your driving privileges may still be intact or may be restored. However, the question of  automobile insurance becomes more complex and expensive. Exactly what your insurance company legally can do varies from state to state and depends on the insurance law of your state.

Your insurance company may cancel or decline to renew your policy, restrict coverage provisions or increase your premiums based on your drunk driving record. Overall your premiums could go up as much as 100 percent or more.

How your insurer reacts to your drunk driving may be worse if you have other strikes against you, including previous drunk-driving convictions, traffic tickets, at-fault accidents, late or unpaid insurance premiums or other negative history with the insurer. Other significant issues your record may impact is coverage by other types of insurance policies, such as life or medical insurance.

 

New Jersey Crimes Eligible for Expungement

Monday, May 14th, 2012

Certain criminal convictions are eligible for an expungement in New Jersey. In addition to determining the crimes which are eligible, it is equally important to determine the length of the waiting period from the date of your conviction to the date upon which you are eligible to file a petition for expungement You should have your criminal record expunged because background checks are now the norm. Many employers and educational institutions place a stigma on any person who has been arrested or convicted of a crime. It can also affect your employment opportunities, professional licensing boards and college applications. An expungement of your New Jersey record will prevent an employer from accessing your criminal record and allow you to lawfully answer “no” on an employment application.

Crimes which are Eligible for Expungement

In order to have your record cleared, you must first look at whether or not you are eligible to have the criminal conviction expunged.

Convictions for the following crimes are not eligible for expungement in New Jersey:

.Criminal Homicide (exception Vehicular Homicide)

.Kidnapping

.Luring or Enticing

.Aggravated Sexual Assault

.Criminal Sexual Contact if the victim is a minor

.Criminal Restraint

.Robbery

.Endangering the Welfare of a Child (if based on sexual contact or child pornography)

.False imprisonment

.Perjury

.False Swearing

.Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute

.Motor vehicle violations, DWI or DUI.

Waiting Period for Expungements

The following information is general eligibility requirements for an expungement and the waiting periods for filing a petition for expungement in New Jersey.

TYPE OF CONVICTION AND  TIME ELAPSED SINCE CONVICTION

Indictable two or more convictions – 10 years waiting period from completion of sentence

Disorderly Persons (up to 3 disorderly) – 5 years waiting period from completion of sentence

Petty Disorderly Persons – 5 years waiting period from completion of sentence

Municipal Ordinances – 2 years waiting period from completion of sentence

Juvenile Delinquency – 5 years waiting period from completion of supervision

Possession of CDS <21 years of age – 1 year period from completion of sentence

Arrests not resulting in Convictions – Immediately

Conditional Discharges/Pretrial Invention – 6 months

Length of Time Before Expungement is Complete

The expungement motion should be scheduled for 30 to 60 days from the filing of the expungement petition. Keep in mind that each county is slightly different as far as the time it takes to get your case listed on the expungement calendar.

Information Needed to Get Started

In order for an attorney to file your New Jersey expungement petition, specific information about the offense must be obtained. Such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition. Without this information, the expungement cannot be appropriately filed or granted.

 

 

Reckless Driving

Sunday, April 15th, 2012

Reckless driving is defined as a moving violation in which a driver displays a disregard for the rules of the road. In essence, reckless drivers put themselves and others at risk, and they often involve more than one traffic violation. Reckless driving offenders are punished by fines, jail time, and/or driver’s license suspension or revocation.

Disregard for the safety of people or property is a common element in reckless driving car accidents. Reckless driving acts include, but are not limited to, the following situations:

.Causing an automobile accident

.Running red lights

.Distracted driving

.Running stop signs

.Drinking and driving

.Speeding

.Driving under the influence of drugs

.Suddenly braking

.Driving without headlights

.Tailgating

High Rate of Speeding

While speeding alone isn’t usually considered reckless driving, an extremely high rate of speed might lead an officer to charge someone with reckless driving.

Alcohol and Drugs Also Lead to Reckless Driving

Everyone that gets behind the wheel knowing that they are drunk or impaired are by definition reckless drivers. According to the courts, reckless driving and DUI offenses are separate crimes, and drivers may sometimes be charged with both crimes.

Most car accidents can be prevented by following these simple tips:

.Always wear a seatbelt

.Avoid distractions caused by passengers, cell phones, food, or loud music

.Don’t speed

.Obey all traffic signs

.And try not to drive when tired.

Not every automobile accident can be prevented, but you can control whether or not you cause a serious car crash.

The penalties for Reckless Driving in New Jersey are as follows:

.Jail of up to 2 Months (3 months for a 2nd offense)

.Fines of 50-$200. (Up to $500 for a Second Offense)

.5 Points on your Driving Record

The penalties for Careless Driving are:

.Fines

.2 Points on your Driving Record

Juvenile Use of Weapons

Saturday, March 10th, 2012

Our schools, a place of safety, learning, and growth, are being challenged daily by violent acts, including:  homicide, assaults, child sexual abuse, and violence affecting teachers, parents, children, and the whole community.  Victims of violent crimes may suffer physical, social, and emotional withdrawal from peer and family relations and become more likely to abuse alcohol or drugs. These traumatic experiences further contribute to their lack of effective learning, growth, and development. Today, the major problems in our schools are the use of firearms, weapons, substance abuse, and gangs. Such acts of violence occur not only in large urban areas, but also suburban and rural schools including both public and private schools. In 2004, students ages 12 to 18 were victims of 107,400 serious violent crimes at school (U.S. Department of Justice, 2006.) In 2005, 8% of students reported being threatened or injured with a weapon such as a gun, knife, or club on school property, and only 55% of high-school students felt safe at school.

The use of guns in schools has increased to the point that approximately one in four major school districts now uses metal detectors to reduce the number of weapons brought into schools by students. Juvenile offenders arrested for weapons violations are sometimes fellow students, and non-student peers who threaten and attack students, administrators, and teachers. According to the Centers for Disease Control and Prevention, in 1995 nearly one-fourth of students nationwide had carried a gun to school. In 1997, 4,205 children and teens died as a result of gunfire – one every two hours, nearly 12 every day. Gun violence among juveniles further causes countless injuries and disabilities.

The Crime Control Act of 1990 was passed by Congress in an effort to regain control of schools in the United States. The Act prohibits possession or discharge of a firearm on or within 1,000 feet of private, parochial, or public school grounds. Violators can face up to five years imprisonment, a fine of no more than $250,000, or both. As of 1996, fifteen states including New Jersey have passed laws making adults criminally liable for shootings committed by children who have access to the weapons. A maximum of three years in prison can result for a fatal shooting that occurs in this type of situation.

Any juvenile charged with unlawful possession of a firearm in New Jersey is subject to a Fourth Degree crime.  Furthermore, a juvenile charged with delinquency for weapon possession must face a retention hearing where the court may decide to hold the juvenile in detention pending the outcome of the case. If the juvenile was also in Possession of a Firearm for Unlawful Purposes, he faces an enhanced charge involving a Second Degree crime. If the firearm was brought into a school, then the charge is a Third Degree offense. A juvenile being charged with a Third Degree, and even Second Degree crime, can face a lengthy incarceration time or additional consequences if convicted.

Driving Without Insurance

Friday, December 16th, 2011

Driving without insurance varies from state to state—and so do the penalties imposed. You may have your car registration suspended as well as your driver’s license. Whether or not you did not get around to paying your insurance (or are looking for cheaper rates) and your insurance lapses, operating your car without insurance is a hazard.

If you get in an accident and you have no insurance, your assets may be at risk since you will be held responsible for the damages caused. Also, if you get caught driving without a registration the penalties are usually tougher because you could have caused an accident in which you were
not covered.

Driving in New Jersey without auto insurance or not being able to show proof of auto insurance when requested is a serious offense carrying severe penalties. According to the NJ Motor Vehicle Commission a citation for driving uninsured puts you at risk of economic loss, fines,
suspension of driver’s license or registration, community service, surcharges, and time in jail.

The New Jersey statutes state that every owner or registered owner of a motor vehicle registered or principally garaged in the state of New Jersey shall maintain motor vehicle coverage, under provisions approved by the Commissioner of Insurance.

A first time violation of driving without liability insurance includes a fine of at least $300 and up to $1000, community service, DMV surcharges of $250 for 3 years, and the loss of your license for up to one year. In addition to court costs and fees.

A second time offense comes with a fine up to $5000, a mandatory jail sentence of 14 days, 30 days community service and a license suspension for 2 years or more. State laws and statutes are always being changed and updated, so it is important to contact the courts to find out what the exact penalties are for driving uninsured.

Remember that you are breaking the law if you drive without the proper auto insurance.