Offense 39:3-40 (f) (1) Driving while license suspended due to conviction for N.J.S.A. 39:6B-2

 Offense 39:3-40 (f) (1) Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance) penalty

1st Offense

- $1000 fine, and

- driver's license suspension not less than 12 months, nor more than 30 months, and

- may impose imprisonment not more than 90 days.Plus 9 car insurance points and $750 in MVC surcharges per offense

2nd Offense 39:3-40 (f) (1)

- $1250 fine, and

- driver's license suspension of not less than 12 months nor more than 30 months, and

- may impose period of imprisonment of not more than 90 days, and

- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for

the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment

for previous offense. Plus 9 car insurance points and $750 in MVC surcharges per offense

3rd or Subsequent 39:3-40 (f) (1)

Offense- $1500 fine, and

- driver's license suspension of not less than 12 months nor more than 30 months, and

- imprisonment for not less than 10 days, nor more than 90 days, and

- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the

period driver's license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for

previous offense.Plus 9 car insurance points and $750 in MVC surcharges per offense

What is a Civil Reservation in a Municipal Court case?

What is a Civil Reservation in a Municipal Court case?

       If there was an accident with personal injury, the ticketed driver and car owner is going to be sued. Often the lawsuit claims damages in excess of an insurance policy. If the jury award is greater than insurance, they could go after your house and assets.

       If someone pleads guilty to a traffic ticket, the guilty plea is evidence before the jury, unless your attorney files a Motion for a Civil Reservation. If the Judge grants your attorney’s Motion, the guilty plea cannot be considered by the jury in the lawsuit.

       The Motion must be made in open court and on notice to the injured person.   

Motion for Civil Reservation

Rule 7:6-2. Pleas, Plea Agreements

(a) Pleas Allowed, Guilty Plea.

(1) ……. Upon the request of the defendant, the court may, at the time of the acceptance of a guilty plea, order that the plea shall not be evidential in any civil proceeding. If a defendant refuses to plead or stands mute or if the court refuses to accept a guilty plea, the court shall enter a plea of not guilty. If a guilty plea is entered, the court may hear the witnesses in support of the complaint prior to judgment and sentence and after such hearing may, in its discretion, refuse to accept the plea.

Offense 39:3-40 (i) Driving while license suspended for failure to respond to failure to appear notice or to pay parking judgment

Offense 39:3-40 (i)
Driving while license suspended for failure to respond to failure to appear notice or to pay parking judgment 

1st Offense - maximum $100 fine and court costs

2C:29-3 Hindering apprehension or prosecution

2C:29-3.Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

(1)Harbors or conceals the other;

(2)Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

(3)Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;s

(4)Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

(5)Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(6)Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

(7)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. An offense under paragraph (3) or (7) of subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against another person would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment, which shall be fixed at not less than one year, during which the actor shall not be eligible for parole. Otherwise, the offense under subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

b.A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

(1)Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(2)Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(3)Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(4)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

An offense under paragraph (3) of subsection b. of this section is a crime of the second degree.  An offense under paragraph (1) or (4) of subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment which shall be fixed at not less than one year, during which the actor shall not be eligible for parole.

Otherwise, the offense under subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree.  Otherwise it is a disorderly persons offense.

amended 1981, c.290, s.29;1999, c.297; 2008, c.81, s.2; 2015, c.265.

2C:33-4 Harassment -Petty Disorderly person

2C:33-4   Harassment 

-Petty Disorderly person- 30 days jail   maximum

Petty DP $500 max Fine, VCCB and other penalties

And criminal conviction on your record

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a.Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b.Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c.Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

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

e.A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.

 Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal. 

New law finally establishes a Conditional Dismissal Program in Municipal Court.Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

The Conditional Dismissal program in Municipal Court for certain first-time offenders permits defense counsel to make a Motion that the charge would be dismissed at the end of a one year probationary period.

“This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around,”  “The program will help foster participants’ rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record.” This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony.

The law allows future Dismissal for many non-drug offenses, such as disorderly person’s offenses, which have not been able to participate in similar programs before.

“First-time offenders who are screened to meet the eligibility requirements will be able to use the program to avoid having a record that cannot be expunged until years after the sentence is served 

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500