ch. 7: driver privileges & penalties

Ch. 7: Driver Privileges Ch. 7: Driver Privileges

& Penalties& Penalties

Manual pg. 109Manual pg. 109

MarxMarx

Driving: A Privilege or Right?Driving: A Privilege or Right?

�� Driving is a Driving is a privilegeprivilege

�� Why?Why?–– State can suspend a licenseState can suspend a license

–– Fines & ImprisonmentFines & Imprisonment

�� Reasons for loss of privileges:Reasons for loss of privileges:–– Failure to appear in courtFailure to appear in court

–– Driving while suspendedDriving while suspended

–– Physical/mental disqualificationPhysical/mental disqualification

–– Traffic law violationTraffic law violation

–– Etc.Etc.

Driving Under the InfluenceDriving Under the Influence

�� A person must be 21 to A person must be 21 to purchase, purchase,

possess or consumepossess or consume alcoholalcohol

DUI PenaltiesDUI Penalties

�� 11stst offense DUI offense DUI –– BAC .08% or more but BAC .08% or more but

less than .10%less than .10%

–– 3 month suspension of driving privilege3 month suspension of driving privilege

–– Fines & FeesFines & Fees

–– Intoxicated Driver Resource CenterIntoxicated Driver Resource Center

–– ImprisonmentImprisonment

–– $1,000 surcharge for 3 years$1,000 surcharge for 3 years

–– Interlock Device for 6 mo. Interlock Device for 6 mo. –– 1 year1 year


�� 11stst Offense BAC .10% or moreOffense BAC .10% or more

–– 7 month 7 month –– 1 year suspension of driving 1 year suspension of driving

privilegeprivilege

–– IDRCIDRC

–– Fines & FeesFines & Fees

–– Interlock Device for 6 months Interlock Device for 6 months –– 1 year1 year


�� 11stst Offense Underage DUI Offense Underage DUI –– BAC .01%BAC .01%--

.08%.08%

–– 3030--90 day license suspension90 day license suspension

–– 1515--30 days of community service30 days of community service

–– IDRCIDRC

Breath TestsBreath Tests

�� Implied Consent LawImplied Consent Law

–– Motorists have Motorists have already agreedalready agreed, simply by using , simply by using

NJ roads, to submit to a breath test given by law NJ roads, to submit to a breath test given by law

enforcements or hospital staff following an arrest enforcements or hospital staff following an arrest

for a drinking and driving offense.for a drinking and driving offense.

http://www.drinkinganddriving.org/tools/video/Failed-Sobriety-Tests/

Implied Consent Implied Consent -- RefusalRefusal

�� Motorists who refuse to take a breath test Motorists who refuse to take a breath test will be detained and brought to a hospital will be detained and brought to a hospital where blood may be drawn.where blood may be drawn.

�� Motorists who refuse to take a breath test Motorists who refuse to take a breath test are also subject to an MVC insurance are also subject to an MVC insurance surcharge of $1,000 per year for 3 years.surcharge of $1,000 per year for 3 years.

�� Refusal to take a breath test is equal to Refusal to take a breath test is equal to driving with a BAC of .10% for a first offensedriving with a BAC of .10% for a first offense

Ignition Interlock DeviceIgnition Interlock Device

�� Device is attached to the vehicle with a Device is attached to the vehicle with a

built in breathalyzer and prevents the built in breathalyzer and prevents the

vehicle from starting if the motorists BAC vehicle from starting if the motorists BAC

exceeds .05%.exceeds .05%.

Intoxicated Driver Resource CenterIntoxicated Driver Resource Center

�� The center evaluates each offender for an The center evaluates each offender for an

alcohol or drug problem and determines alcohol or drug problem and determines

the need for treatmentthe need for treatment

�� Those deemed in need of treatment are Those deemed in need of treatment are

referred to appropriated driver for at least referred to appropriated driver for at least

a a 16 week16 week programprogram

Motor Vehicle ViolationsMotor Vehicle Violations

�� Reckless DrivingReckless Driving

–– Punishable by imprisonment of up to 60 days or by a fine Punishable by imprisonment of up to 60 days or by a fine

of $50of $50--$200$200

�� Carrying Alcoholic BeveragesCarrying Alcoholic Beverages

–– Open or unsealed alcoholic beverages in passenger area Open or unsealed alcoholic beverages in passenger area

of motor vehiclesof motor vehicles

–– Punishable by fine of $200 for a fist offense. For all Punishable by fine of $200 for a fist offense. For all

subsequent offenses fine of $250 or 10 days of subsequent offenses fine of $250 or 10 days of

community servicecommunity service

�� 65 mph Zone65 mph Zone

–– Speeding 10+ mph above posted speed limit means Speeding 10+ mph above posted speed limit means

doubled finesdoubled fines


�� Hit & RunHit & Run

–– Hit and run involving Hit and run involving injuryinjury or or deathdeath results results

in fine of $2,500in fine of $2,500--$5,000 and/or 180 days in $5,000 and/or 180 days in

jail.jail.

–– First offense also loses license for First offense also loses license for 11 year.year.

–– For all subsequent offense, motorists For all subsequent offense, motorists

permanently permanently lose licenselose license..


�� Driving While SuspendedDriving While Suspended–– First Offense: Fine of First Offense: Fine of $500$500, jail sentence, and , jail sentence, and up to 6 mo. additional license/registration up to 6 mo. additional license/registration suspensionsuspension

–– Second Offense: Fine of Second Offense: Fine of $750$750, jail sentence, , jail sentence, up to 6 mo. additional license/registration up to 6 mo. additional license/registration suspensionsuspension

–– Third Offense: Fine of Third Offense: Fine of $1,000$1,000, a 10, a 10--day jail day jail sentence, up to 6 mo. additional sentence, up to 6 mo. additional license/registration suspension.license/registration suspension.


�� Additional Penalties for Driving while Additional Penalties for Driving while

SuspendedSuspended

–– If driving while suspended and having a If driving while suspended and having a

collisioncollision that causes injury to another person that causes injury to another person

will result in a will result in a finefine, continued suspension, , continued suspension,

and the potential for a minimum 45 day jail and the potential for a minimum 45 day jail

sentence.sentence.

Boater DUIBoater DUI

�� Suspended from boating and all driver Suspended from boating and all driver

license privileges and fined $250license privileges and fined $250--400 for 400 for

the first offense, $500the first offense, $500--1,000 for the 1,000 for the

second, and $1,000 for the 3second, and $1,000 for the 3rdrd offense.offense.

�� Violators under the age of 17 will have Violators under the age of 17 will have

their vehicle and moped license delayed their vehicle and moped license delayed

for 3 months.for 3 months.

GraffitiGraffiti

�� If an individual is at least 13 years old but If an individual is at least 13 years old but

under 18, they may have driving privileges under 18, they may have driving privileges

suspended or postponed for graffiti suspended or postponed for graffiti

convictionconviction

Driver ProgramsDriver Programs

�� A motorists who successfully completes a A motorists who successfully completes a

Driver Improvement Program will have 3 Driver Improvement Program will have 3

points removed from their recordpoints removed from their record

�� The class fee is $150 & after completion of The class fee is $150 & after completion of

the program or after restoration of a the program or after restoration of a

motorists driving privilege, he/she will be motorists driving privilege, he/she will be

in a probationary period for 1 year.in a probationary period for 1 year.

Probationary Driver ProgramProbationary Driver Program

�� After receiving a special learners permit or After receiving a special learners permit or

examination permit a driver begins a twoexamination permit a driver begins a two--

year probationary driver periodyear probationary driver period

�� If, during this period, a driver is convicted If, during this period, a driver is convicted

of 2 or more moving violations totaling 4 of 2 or more moving violations totaling 4

or more points a driver must enroll in the or more points a driver must enroll in the

Probationary Driver Program.Probationary Driver Program.

Point SystemPoint System

�� MVC keeps track of driving record through points. MVC keeps track of driving record through points.

The more serious the violation, the more pointsThe more serious the violation, the more points

�� Unlawful use of median strip = 2 pts.Unlawful use of median strip = 2 pts.

�� Failure to stop for pedestrian in crosswalk/passing Failure to stop for pedestrian in crosswalk/passing

vehicle yielding to pedestrian = 2 ptsvehicle yielding to pedestrian = 2 pts

�� Racing on Highway = 5 pts.Racing on Highway = 5 pts.

�� Operating Vehicle on Private Property to avoid Operating Vehicle on Private Property to avoid

traffic control sign/signal = 2 pts.traffic control sign/signal = 2 pts.

Point SystemPoint System

�� Failure to Keep Right = 2pts.Failure to Keep Right = 2pts.

�� Tailgating = 5 pts.Tailgating = 5 pts.

�� Reckless Driving = 5 pts.Reckless Driving = 5 pts.

�� Improper UImproper U--Turn = 3 pts.Turn = 3 pts.

�� Leaving Scene of Accident:Leaving Scene of Accident:–– No injury = 2 pts.No injury = 2 pts.

–– Injury = 8 pts.Injury = 8 pts.

�� Moving Violating out of State = 2 pts.Moving Violating out of State = 2 pts.

ch. 7: driver privileges & penalties

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