39:6B-2 No Insurance Ticket – One Year Suspended License Can Now Be Avoided

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Archive for the ‘Municipal Court’ Category

39:6B-2 No Insurance Ticket – One Year Suspended License Can Now Be Avoided

N.J.S.A.39:6B-2 has always been a difficult ticket to defend. In my career, when clients and potential clients would ask me about this ticket, I would instantly cringe. Quite simply in the past, the harsh no insurance ticket would mean an immediate suspension of your license for a full year. Other tickets which call for a potential loss of license (DUI, drug charges, driving on suspension, etc.) at least had ways to fight and/or negotiate

On January 17, 2014, Governor Christie signed A-1844 into law as P.L. 2013, c.237. The new law took effect on January 17, 2014. A copy of the law is attached and is available on the Judiciary Infonet under Legal Reference/Legislation Affecting Courts. Below is a summary of the law.
The new law amends N.J.S.A.39:6B-2 to provide that the one-year driver’s license suspension penalty for a first offense of driving without the required motor vehicle liability insurance coverage may be reduced or eliminated by the court if the person provides satisfactory proof of insurance at the time of the hearing. A person who is convicted for a first offense of operating a motor vehicle without the required motor vehicle liability insurance coverage remains subject to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.

Traffic Tickets? Hurt in a Car Accident? Lindsay Lohan’s Super Commercial Bowl Reminds You That You Need a NJ Attorney that Can Handle Both!

One of the best Super Bowl Commercials of 2015 was by Esurance, in which“Sorta Mom” Lindsay Lohan commits several traffic violations and is involved in a car accident. She may not have our contact information – but if you are reading this you do! Car accidents and traffic tickets often go hand in hand and that is why you need a lawyer that handles both. When it rains, it pours so, if you have been involved in a car accident and/or have received tickets please give The Morano Law Firm a call at 201-598-5019 today for the firm that handles both! As traffic attorneys we will keep you out of trouble if you’ve got tickets and as personal injury lawyers we will get you compensated for your loss.

So, you’ve got to go to New Jersey traffic Court or Municipal Court for a minor brush with the law? I can be your New Jersey speeding ticket lawyer. Although the entire state operates under the same laws, I know the importance of properly maneuvering through the subtle differences between New Jersey’s 500+ courts. I will work to do everything I can to keep your record clean, your license clean and make sure you get the minimum fine and penalties for your offense. Stay at 0 points and keep those insurance premiums down.  You will have your day in court!
If you have suffered an injury in a car accident you only have a short period of time to take action or your case may be forfeited forever. We have experience representing individuals who have been seriously injured due to the failure of other drivers to use proper care. We will aggressively litigate on your behalf. If you have been injured in a car accident and hire our firm we will take your case on contingency. That means if you don’t get paid – we don’t get paid!

Call The Morano Law Firm, LLC today at 201-598-5019 or email us at newjerseylawyernow@gmail.com.

New Jersey Underage DUI Laws and Mandatory Fines and Penalties

New Jersey Underage DUI laws as well as fines and penalties differ from those imposed on drunk drivers over the age of 21. Therefore it is Stock Photoimportant to consult with a New Jersey Underage DUI Lawyer If you are under 21 years old and are convicted for driving or boating with a BAC (Blood Alcohol Content) of .01% or higher, you can expect the following penalties:

  • 30–90 day license suspension
  • Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
  • 15–30 days mandatory community service
  • Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
  • If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license.

For underage drunk driving cases in New Jersey the fines are often lower, but the threshold for being convicted is lower as well. For drivers who are 21 and above, the legal limit is a BAC (Blood Alcohol Content) of .08% or higher whereas for a person underage of 21 the prosecution must only show a trace amount of alcohol with a BAC (Blood Alcohol Content) of .01% or higher.

If you or anyone you know has been charged with an underage DUI they should call The Morano Law Firm, LLC and speak Corey Morano, Esq., an experienced New Jersey Underage DUI Attorney at 201-598-5019 or email coreymorano@gmail.com

Failure to Appear in Court in New Jersey (Court Rule 7:8-9)

New Jersey assigns strict penalties for individuals who do not show up on their court date. Missing a court date can be due to any number of iStock_000014208743_Smallunexpected occurrences. It is a problem that many New Jersey residents might encounter, so an understanding of the court rule is important to ensuring minimal legal trouble in the future. If you have already found yourself in a position where you or someone you know did not appear in court and is now facing legal repercussions, please call me Corey Morano, Esq. right away at 201-598-5019 or send me an email at newjerseylawyernow@gmail.com and I will provide you with a free consultation.

Failure to appear in court can lead to several consequences including the issuing of an arrest warrant and/or an immediate suspension of the defendant’s driver license.  The defendant could end up in custody until bail is posted or the warrant is resolved. The judge may also decide to revoke bail if it had been deposited earlier on the case, which could lead to the bail money being forfeited to the court. The court procedures are listed below.

7:8-9. Procedures on Failure to Appear

(a) Warrant or Notice.

(1) Non-Parking Motor Vehicle Cases. If a defendant in any non-parking case before the court fails to appear or answer a complaint, the court may either issue a warrant for the defendant’s arrest in accordance with R. 7:2-2(c) or issue and mail a failure to appear notice to the defendant on a form approved by the Administrative Director of the Courts. If a failure to appear notice is mailed to the defendant and the defendant fails to comply with its provisions, a warrant may be issued in accordance with R. 7:2-2(c).

(2) Parking Cases. In all parking cases, an arrest warrant shall only be issued if the defendant has failed to respond to two or more pending parking tickets within the jurisdiction. A warrant shall not issue when the pending tickets have been issued on the same day or otherwise within the same 24-hour period.

 

(b) Driving Privileges; Report to Motor Vehicle Commission.

(1) Non-Parking Motor Vehicle Cases. If the court has not issued an arrest warrant upon the failure of the defendant to comply with the court’s failure to appear notice, the court shall report the failure to appear or answer to the Chief Administrator of the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts within 30 days of the defendant’s failure to appear or answer. The court shall then mark the case as closed on its records, subject to being reopened pursuant to subparagraph (e) of this rule. If the court elects, however, to issue an arrest warrant, it may simultaneously report the failure to appear or answer to the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts. If the court does not simultaneously notify the Motor Vehicle Commission and the warrant has not been executed within 30 days, the court shall report the failure to appear or answer to the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts. Upon the notification to the Motor Vehicle Commission , the court shall then mark the case as closed on its records subject to being reopened pursuant to subparagraph (e) of this rule.

(2) All Other Cases. In all other cases, whether or not an arrest warrant is issued, the court may order the suspension of the defendant’s driving privileges or of defendant’s nonresident reciprocity privileges or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of. The court shall then mark the case as closed on its records, subject to being reopened pursuant to subparagraph (e) of this rule.

 

(c) Unexecuted Arrest Warrant.

If an arrest warrant is not executed, it shall remain open and active until the court either recalls, withdraws or discharges it. If bail has been posted after the issuance of the arrest warrant and the defendant fails to appear or answer, the court may declare a forfeiture of the bail, report a motor vehicle bail forfeiture to the Motor Vehicle Commission and mark the case as closed on its records subject to being reopened pursuant to subparagraph (e) of this rule. The court may set aside any bail forfeiture in the interest of justice.

 

(d) Parking Cases; Unserved Notice.

In parking cases, no arrest warrant may be issued if the initial failure to appear notice is returned to the court by the Postal Service marked to indicate that the defendant cannot be located. The court then may order a suspension of the registration of the motor vehicle or of the defendant’s driving privileges or defendant’s nonresident reciprocity privileges or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of. The court shall forward the order to suspend to the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts. The court shall then mark the case as closed on its records, subject to being reopened pursuant to subparagraph (e) of this rule.

 

(e) Reopening.

A case marked closed shall be reopened upon the request of the defendant, the prosecuting attorney or on the court’s own motion.

 

(f) Dismissal of Parking Tickets.

In any parking case, if the municipal court fails, within three years of the date of the violation, to either issue a warrant for the defendant’s arrest or to order a suspension of the registration of the vehicle or the defendant’s driving privileges or the defendant’s non-resident reciprocity privileges or prohibit the person from receiving or obtaining driving privileges, the matter shall be dismissed and shall not be reopened.

 

If you have any questions on this matter, do not hesitate to contact The Morano Law Firm, LLC at 201-598-5019 or email us at newjerseylawyernow@gmail.com and find out how we can assist you.

Penalties for Talking or Texting While Driving in New Jersey

Today it is common to see more people using their smartphones while driving in New Jersey.  This trend has led to an increase in traffic accidents and an amplified effort by law enforcement to target people talking or texting while driving. Simultaneously, the New Jersey KONICA MINOLTA DIGITAL CAMERALegislature has proceeded recently to enact harsher penalties for violating these laws. With the threat of high fines and possible license suspensions, it is important that you are informed about what you can do to minimize legal ramifications if you or anyone you know becomes involved in a situation like this. Contact Corey Morano, Esq. at 201-598-5019 or email coreymorano@gmail.com today to set up a free consultation.

Distracted driving has led to many accidents and legal trouble for individuals, so understanding exactly how it is defined can help you to avoid these circumstances. Taking your eyes off the road to use your phone is unlawful and can lead to fines for first offenders and points or license suspensions for repeat offenders. Exceptions to this law include using hands-free calling systems, using your cell phone in a situation where your life is being threatened, or when you are calling authorities to report an emergency. The statute can be found below.

 

39:4-97.3. Use of wireless telephone, electronic communication device in moving vehicle; definitions; enforcement.

1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an “electronic communication device” shall not include an amateur radio.

Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen’s band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.

b.     The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

(1)     The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

(2)     The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user’s telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

As used in this act:

“Citizen’s band radio” means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen’s band radio service use.

“Hands-free wireless telephone” means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

“Two-way radio” means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.

“Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.

c.     (Deleted by amendment, P.L.2007, c.198).

d.     A person who violates this section shall be fined $100.

e.     No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

f.     The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.

g.     Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.

If you or someone you know needs more information on this matter, please do not hesitate to contact me, Corey Morano, Esq. today for a free consultation at 201-598-5019 or coreymorano@gmail.com.

New Jersey Pedestrian Crosswalk Laws: What You Need to Know a Ticket for Failure to Yield to Pedestrian

Most of us encounter crosswalks in New Jersey every day, whether we are behind the wheel or walking to our destination. Understanding the proper procedure to follow when approaching a crosswalk is highly important because confusion between the driver and the pedestrian can lead to injuries and legal repercussions resulting from an accident. A ticket for N.J.S. 39:4-36 can be a serious moving violation.

Police departments all across New Jersey are showing an increased interest in cracking down on crosswalk violations. Both jaywalkers and drivers who fail to yield to pedestrians at a crosswalk are being targeted by law enforcement in order to better protect the lives of New Jersey residents. By understanding the correct procedures, you can help yourself to avoid becoming entangled in these situations.  If you have been involved in a crosswalk violation, whether as a driver, a jaywalker, or a victim, please do not hesitate to contact Corey Morano, Esq. for a free consultation at 201-598-5019 or by email at newjerseylawyernow@gmail.com today!

Getting a ticket for Failure to Yield to Pedestrian can be a serious ticket and two points on your license. The full law can be found in the statute below.

39:4-36. Driver to yield to pedestrians, exceptions; violations, penalties.

 

39:4-36. a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise regulated by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:

 

(1)     The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, “half of the roadway” means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.

 

(2)     No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.

 

(3)     Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

 

(4)     Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

 

(5)     Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety.

 

b.     A person violating any paragraph of subsection a. of this section shall, upon conviction thereof, pay a fine to be imposed by the court in the amount of $200. The court may also impose upon a person violating any paragraph of subsection a. of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to a fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, in the discretion of the court. As used in this section, “serious bodily injury” means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

 

c.     Of each fine imposed and collected pursuant to subsection b. of this section, $100 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the “Pedestrian Safety Enforcement and Education Fund” created by section 1 of P.L.2005, c.84 (C.39:4-36.2).

 

d.     In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.

 

Call me at 201-598-5019 or email me at coreymorano@gmail.com today for a free consultation and learn how I can help you with any questions you may have.

Understanding Your Rights as a Bicyclist in New Jersey

If you have been injured in a bicycle-motor vehicle collision and want to know your rights, please do not hesitate to call me, Corey Morano, Esq. for a free consultation at 201-598-5019 or email me at newjerseylawyernow@gmail.com right away!

You may be well aware that bicyclists in New Jersey are required to keep to the right side of the road when using a roadway shared with motor vehicles. Riding single file as close to the right curb as you can safely allow for is the general rule that should be followed when taking your bicycle out for a spin. But did you know that there are exceptions to this law?

According to NJSA 39:4-14.2, New Jersey bicyclists are exempt from riding on the right side of the road if certain conditions are met. The following situations permit bicyclists to move out of the right side of the road:

  • If you are making a left turn from a left-turn lane or pocket
  • If you are moving to avoid debris, drains, or other hazardous conditions that make it impossible to ride at the right side of the roadway
  • If you are passing a slower moving vehicle
  • If you are moving to occupy any available lane when traveling at the same speed as other traffic
  • If you are traveling no more than two abreast when traffic is not impeded

By keeping these exceptions in mind when you go out for a ride, you can make the activity safer for everyone involved. If you believe that you have acted appropriately within the boundaries of the law yet have become the victim of a bicycle-motor vehicle collision nonetheless, then you should act immediately to protect your rights. Call me at 201-598-5019 or email me directly for a free consultation.

Penalties for Leaving the Scene of an Accident New Jersey 39:4-129 vs. Failure to Report an Accident NJ 39:4-130

The penalties for NJSA 39:4-129, commonly referred to as “Leaving the Scene of an Accident” or a “hit and run” can be very serious in an New Jersey Court. This offense can lead to high fines, mandatory loss of license, points on your license and even incarceration. This potentially harsh treatment is the result of the basis of the offense is the same when, for instance, a parked car is hit vs. an actual person. Often this ticket is issued along with NJSA 39:4-130, commonly referred to as “Failure to Report an Accident.” This offense has its own set of consequences. Failure to report has lower minimum penalties than Leaving the Scene. The full statutes for both are listed below. To learn more about these differences and what our firm can do for you, feel free to call 201-598-5019 or email me at coreymorano@gmail.com today for a free consultation and learn if I can help you keep your license intact. I have personally represented countless drivers on these offenses in courts all over the state. 

NJSA 39:4-129  (commonly referred to as “Leaving the Scene of an Accident” or “Hit and Run”)
39:4-129   Action in case of accident.
39:4-129. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the iStock_000005017548_Smallvehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both.  The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.

In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

(b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section.  Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

(c) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator’s license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

(d) The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

(e) The driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property shall be presumed to have knowledge that he was involved in such accident, and such presumption shall be rebuttable in nature.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.

Amended 1940, c.147; 1967, c.189, s.1; 1977, c.407; 1978, c.180; 1979, c.463, s.1; 1994, c.183, s.1; 2003, c.55, s.1.

NJSA 39:4-130. (Commonly referred to as “Failure to Report”)
39:4-130.       Immediate notice of accident; written report 
39:4-130.  The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the division on forms furnished by it.  Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the director to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances.  The director may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous. The division may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the division, the original report is insufficient.  The reports shall be without prejudice, shall be for the information of the division, and shall not be open to public inspection.  The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.

Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.

Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.

A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the division pursuant to R.S.39:4-131.

Any person who knowingly violates this section shall be fined not less than $30 or more than $100.

The director may revoke or suspend the operator’s license privilege and registration privilege of a person who violates this section.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.

Amended 1951,c.23,s.72; 1953,c.187; 1967,c.189,s.2; 1983,c.193,s.1; 1994,c.183,s.2.

Free to call 201-598-5019 or email me at coreymorano@gmail.com today for a free consultation and learn if I can help you keep your license intact.

What are the New Jersey Point Violations? A List of all New Jersey Tickets with Points that can Raise Insurance Rates

Keep those points on your New Jersey license clear by hiring a traffic attorney. Below is a list of the NJSA point schedule. This can help you answer the question, “how much will my insurance go up if I get a traffic ticket?”

All of these tickets can have a direct effect on your license raise your insurance premiums. Call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation on traffic court.

New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway
27:23–29 Moving against traffic
2
27:23–29 Improper passing
4
27:23–29 Unlawful use of median strip
2
All roads and highways
39:3–20 Operating constructor vehicle in excess of 45 mph
3
39:4–14.3 Operating motorized bicycle on a restricted highway
2
39:4–14.3d More than one person on a motorized bicycle
2
39:4–35 Failure to yield to pedestrian in crosswalk
2
39:4–36 Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk
2
39:4– 41 Driving through safety zone
2
39:4–52 Racing on highway
5
39:4–55 Improper action or omission on grades and curves
2
39:4–57 Failure to observe direction of officer
2
39:4–66 Failure to stop vehicle before crossing sidewalk
2
39:4–66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
2
39:4–66.2 Driving on public or private property to avoid a traffic sign or signal
2
39:4–71 Operating a motor vehicle on a sidewalk
2
39:4–80 Failure to obey direction of officer
2
39:4–81 Failure to observe traffic signals* (Red Light Camera- 0 pts.)
2
*No points assessed for red light camera violation
0
39:4–82 Failure to keep right
2
39:4–82.1 Improper operating of vehicle on divided highway or divider
2
39:4–83 Failure to keep right at intersection
2
39:4–84 Failure to pass to right of vehicle proceeding in opposite direction
5
39:4–85 Improper passing on right or off roadway
4
39:4–85.1 Wrong way on a one-way street
2
39:4–86 Improper passing in no passing zone
4
39:4–87 Failure to yield to overtaking vehicle
2
39:4–88 Failure to observe traffic lanes
2
39:4–89 Tailgating
5
39:4–90 Failure to yield at intersection
2
39:4–90.1 Failure to use proper entrances to limited access highways
2
39:4–91–92 Failure to yield to emergency vehicles
2
39:4–96 Reckless driving
5
39:4–97 Careless driving
2
39:4–97a Destruction of agricultural or recreational property
2
39:4–97.1 Slow speed blocking traffic
2
39:4–97.2 Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)
4
39:4–98 Exceeding maximum speed 1-14 mph over limit
2
Exceeding maximum speed 15-29 mph over limit
4
Exceeding maximum speed 30 mph or more over limit
5
39:4–105 Failure to stop for traffic light
2
39:4–115 Improper turn at traffic light
3
39:4–119 Failure to stop at flashing red signal
2
39:4–122 Failure to stop for police whistle
2
39:4–123 Improper right or left turn
3
39:4–124 Improper turn from approved turning course
3
39:4–125 Improper u-turn
3
39:4–126 Failure to give proper signal
2
39:4–127 Improper backing or turning in street
2
39:4–127.1 Improper crossing of railroad grade crossing
2
39:4–127.2 Improper crossing of bridge
2
39:4–128 Improper crossing of railroad grade crossing by certain vehicles
2
39:4–128.1 Improper passing of school bus
5
39:4–128.4 Improper passing of frozen dessert truck
4
39:4–129 Leaving the scene of an accident –
no personal injury
2
Personal injury
8
39:4–144 Failure to observe stop or yield signs
2
39:5C–1 Racing on highway
5
39:5D–4 Moving violation committed out-of-state
2

New Jersey Assault Charges – Understanding the Difference Between Simple Assault and Aggravated Assault

Have you or someone you know been arrested or charged with an assault?  For a free consultation please do not hesitate to call me at 201-598-5019 or email me at newjerseylawyernow@gmail.com.

An assault charge always has the potential to be serious. Often, it comes down to how seriously injured the victim is, and the manner in which they are injured.  A simple assault charge can often be dealt with at the municipal court level as a disorderly person’s offense. An aggravated assault charge, is generally dealt with at the superior court level and can be a 4th, 3rd or 2nd degree charge. Below is the full N.J.S.A. 2C:12-1 assault statute.

2C:12-1. Assault

a. Simple assault. A person is guilty of assault if he:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

b. Aggravated assault. A person is guilty of aggravated assault if he:

(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) Recklessly causes bodily injury to another with a deadly weapon; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d) Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e) Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g) Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or

(h) Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c. 224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c. 186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or

(j) Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes1 to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or

(k) Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or

(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this subsection, “emergency services personnel” shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under subsection b.(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under subsection b. (11) is a crime of the third degree.

 

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) and bodily injury results.

(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c. 101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

As used in this section, “vessel” means a means of conveyance for travel on water and propelled otherwise than by muscular power.

 

d. A person who is employed by a facility as defined in section 2 of P.L.1977, c. 239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c. 239 (C.52:27G-2) is guilty of a crime of the fourth degree.

e. (Deleted by amendment, P.L.2001, c. 443).

 

f. A person who commits a simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this act, “school or community sponsored youth sports event” means a competition, practice or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.

Have you or someone you know been arrested or charged with an assault?  For a free consultation please do not hesitate to call me at 201-598-5019 or email me at newjerseylawyernow@gmail.com.