Distracted Driving In NJ

Although most thing of the New Jersey Cell Phone law (N.J.S.A. 39:4-97.3) when thinking of distracted driving in New Jersey. Although texting and driving is a frequent cause of serious motor vehicle accidents, there are other classifications of "distracted driving" which can lead to police pulling you over and issuing you a summons resulting in $200-$400 plus court costs for a first offense, $400-600 plus court costs for a second offense and $600-800, 3 points and up to 90 day loss of license for a third or subsequent offense. In addition to texting or talking on a cell phone, programming or using an electronic device to find your destination can also lead to a summons. Although many see people applying make-up or shaving while driving and shaken our heads in disbelief, routine activities many are guilty of including eating or drinking, adjusting your radio, looking at a map, and even talking to your passengers can be reasons for police to stop you and issue a summons. With newly relaxed search warrant rules established in State v. Witt, (A-9-14)(074468), 435 N.J. Super. 608, 610-11 (App. Div. 2014), 219 N.J. 624 (2014), this can ultimately lead to a search of your vehicle, arrest and other serious charges. If you are charged with distracted driving, you should consult an experienced traffic attorney immediately. For more information about using a cell phone while driving, warrantless vehicle searches, distracted driving and other motor vehicle charges visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Jail Sentence For Driving Without A License

Armando Carreon was sentenced to both a custodial term and fined for driving without a license (N.J.S.A. 39:3-10). Carreon was initially charged with failure to obey a stop sign (N.J.S.A. 39:4-144) and driving without a license and pled guilty to driving without a license. At sentencing, the municipal court judge found this to be Defendant's third offense for the same infraction and imposed 10 days in jail. The Defendant sought post conviction relief and the Law Division rejected the Defendant's argument with regard to the statutory mandate of a fine or incarceration but not both under N.J.S.A. 39:3-10 and Carreon appealed. The NJ Appellate division reversed as the statute allows for "…a fine not exceeding $500 or imprisonment in the county jail for not more than 60 days, but if that person has never been licensed to drive in this State or any other jurisdiction, he shall be subject to a fine of not less than $200 and, in addition, the court shall issue an order to the commission requiring the commission to refuse to issue a license to operate a motor vehicle to the person for a period of not less than 180 days." The appellate judges reasoned that the statute was amended to provide a more harsh penalty for never-licensed drivers and reserving judicial discretion for the harsher option of imprisonment in both situations. Further, in reversing and remanding the matter, the appellate judges held that those sentenced under this statute would be subject to a fine or imprisonment but not both. Driving without a license in NJ carries serious penalties and should not be taken lightly. If you are charged driving without a license in NJ you should seek an experienced attorney immediately to protect your rights. For more information about traffic offenses, driving without a license, DUI, CDS in a motor vehicle or other municipal court charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney.