Monday, May 14, 2018

NJ Motor Vehicle Points


NJSA point schedule


NJSA
Section
Offense

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
39:4-92
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



The Sloan Law Firm serves clients in traffic ticket matters in Raritan, Readington, Clinton, Lebanon, Tewksbury, Union, Holland, Flemington, Bethlehem, Lambertville, East Amwell and throughout Hunterdon County, New Jersey.  If you have been charged with a traffic infraction, the Sloan Law Firm may be able to get the amount of motor vehicle points reduced or eliminated altogether.  For a free initial consultation, call (908) 358-2938.

Tuesday, May 8, 2018

Hunterdon County NJ DUI Law


In Hunterdon County and throughout New Jersey, drunk-driving is taken very seriously.  Anyone driving with a blood alcohol concentration (BAC) of .08% or higher is guilty of driving under the influence (DUI)/driving while intoxicated (DWI).  However, a driver whom the police believe is impaired by alcohol can also be found guilty of DWI / DUI.  Police officers are trained to detect driver impairment as a result of alcohol and a person can be convicted based upon an officer’s observations alone. 

DUI PENALTIES IN NEW JERSEY


The penalties for driving while intoxicated/driving under the influence are severe.   Those convicted of drunk driving face stiff fines and surcharges, loss of driving privileges and possibly incarceration.  Subsequent DWI / DUI convictions may result in even higher fines and mandatory jail. 

FIRST OFFENSE – DUI


Blood Alcohol Level (BAC) of .08%-.09%

Imprisonment: Up to 30 days

License suspension: 90 Days

Fines: $250 – $400 plus fees

Surcharge: $1,000 a year for 3 years

Intoxicated Drivers Resource Center (IDRC): 12 – 48 hours

BAC of .10% or more

Imprisonment: Up to 30 days

License suspension: 7 months to 1 year

Fines: $300 – $500 plus fees

Surcharge: $1,000 a year for 3 years

IDRC: 12 – 48 hours

Interlock: 6 months to 1 year for BAC .15 or more

SECOND OFFENSE – DUI


Imprisonment: at least 48 hours and up to 90 days

License Suspension: 2 years

Fines: $500 – $1,000 plus fees

Surcharge: $1,000 a year for 3 years

Interlock: 1 – 3 years

Community Service: 30 days

IDRC: 12-48 hours

THIRD OFFENSE – DUI


Imprisonment: 180 days mandatory

License Suspension: 10 years

Fines: $1,000 plus fees

Surcharge: $1,500 a year for 3 years

Interlock: 1 – 3 years

IDRC: 12-48 hours

DEFENDING DUI CASES


No Basis for the Stop


The police cannot pull individuals over for no reason.  The police officer must have an articulable and reasonable suspicion that the driver has committed a motor vehicle violation.  If there is no reason for the motor vehicle stop, all evidence collected thereafter is impermissible.  The Sloan Law Firm collects the dashcam video and all audio available of the motor vehicle stop to ensure that the police had a valid basis for the motor vehicle stop.  If not, the Sloan Law Firm can file a motion to dismiss the case on behalf of the client.

Lack of Evidence Demonstrating Intoxication


Police officers use a breathalyzer machine to test for intoxication. The breathalyzer is known as the Alcotest.  The Alcotest examines the driver’s BAC at the police station.  Anyone driving with a BAC of .08% or higher is guilty of driving under the influence.   The Sloan Law Firm examines whether the police officers followed protocol in administering the test. If not, a motion to dismiss the case can be filed to dismiss the case on behalf of the client. 

If you have been charged with DUI in Raritan, Readington, Clinton, Lebanon, Tewksbury, Union, Holland, Flemington, Bethlehem, Lambertville, East Amwell or any other town in Hunterdon County, it is a good idea to consult with a Hunterdon County NJ DUI Lawyer.  Attorney Daniel Sloan is a New Jersey Criminal Defense Attorney.  The Sloan Law Firm handles DWI cases throughout Hunterdon County, NJ and offers free initial consultations - (908) 358-2938.

Sunday, May 6, 2018

Hunterdon County NJ Marijuana Possession Law


IS MARIJUANA POSSESSION IN HUNTEDON COUNTY, NEW JERSEY A SERIOUS OFFENSE?


In Hunterdon County, NJ, possession of any amount of marijuana without a valid prescription is a crime even if you have no amount of marijuana in your system.  It is very common for those arrested for marijuana possession to have their matter heard in municipal court.   This is because marijuana possession less than 50 grams is a disorderly persons offense.  Many times, those arrested for marijuana possession are also charged with possession of drug paraphernalia as well because the police find the marijuana in a grinder or other paraphernalia.  Drug paraphernalia is also handled in municipal court because it is a disorderly persons offense.

WHY DID I GET TWO TICKETS FOR MARIJUANA POSSESSION IN HUNTERDON COUNTY, NJ?


Those arrested for drug possession are frequently arrested while in their car.  As a result, the police will typically issue a traffic ticket for marijuana in the vehicle in addition to the separate offenses of possession of marijuana and drug paraphernalia.

WHAT ARE THE PENALTIES FOR MARIJUANA POSSESSION IN NEW JERSEY?


Marijuana possession less than 50 grams is a disorderly person offense and is punishable up to a maximum of 6 months in jail, hefty fines and driver’s license suspension. A conviction for possession of more than 50 grams of marijuana can result in up to 18 months in jail and $25,000 in fines.  Possession of drug paraphernalia has the same penalties. 

If you have been charged with marijuana possession in Raritan Readington, Clinton, Lebanon, Tewksbury, Union, Holland, Flemington, Bethlehem, Lambertville, East Amwell or any other Hunterdon County town, it is a good idea to consult with a Hunterdon County NJ Marijuana Possession Lawyer.  The Sloan Law Firm handles these types of cases throughout Hunterdon County, NJ and offers free initial consultations - (908) 358-2938.

NJ Motor Vehicle Points

NJSA point schedule NJSA Section Offense New Jersey Turnpike, Garden State Parkway and Atl...