Municipal Court

Driving while suspended. (N.J.S. 39:3-40 et. seq.)

One of the most difficult statutes on the books in New Jersey is driving while suspended. In addition to the strict penalties involved, even for a first offense, violation of  a second offense carries with it mandatory jail time which, depending on the circumstances, can sometimes be served under the Sheriff’s Relief Program. However, depending on the nature of the basis for the suspension, this Statute provides for enhanced penalties (such as driving while suspended with no insurance or because of a DWI suspension). In addition, if there is an accident and injuries are involved the penalties are even further enhanced, resulting in added jail time, community service and extended periods of revocation of registration and driving privileges. It is extremely important that a client obtain the services of an experienced trial attorney in these areas because the punishment, under this Statute, is perhaps, the most draconian of any traffic related offense in New Jersey. Unfortunately, unlike certain DWI scenarios, there is no “step-down” provision for driving while suspended, which means that the time elapsed between a first and subsequent offense is of no legal import! It is imperative that the client provide all relevant facts and that a complete analysis of the client’s driving record be examined for any exceptional details which may provide a basis for mitigation under this complicated Statute.

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What is Probate?

Probate is the process by which your last Will is determined to be your final statement and confirms the appointment of the person or institution you have named to administer your estate. The term probate is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered and applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in your Will.

How is a Will probated?

The following is a simplified outline of the general probate process:

• The original Will is filed with the Court.

• The Executor named in the Will or Administrator is appointed. Executors and Administrators are commonly referred to as Personal Representatives.

• The Personal Representative files a Petition for Probate of the Estate.

• For approximately nine months from the date of the Petition for Probate, creditors of the Estate can file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc.

• During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition. This consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc. during this time.

• When the nine-month claims period has expired, and when all assets have been collected, real property sold, and assuming no problems have presented themselves such as the Will being contested, the Personal Representative then files a petition with the probate court to allow a distribution of all remaining assets to the beneficiaries/heirs, and files a detailed accounting with the Court setting forth all monies received, monies disbursed, how assets were invested, and the proposed plan for distribution.

• If the Court approves the plan, the Personal Representative then divides the assets as instructed in the Will, or as required by statute if no Will exists.

The minimum amount of time that the probate process can be completed is approximately nine months, but it normally takes longer. Reasons for delays can include Will contests, property cannot be sold, claimants not being notified in the original nine-month claim period, etc.

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When can my driver’s license be suspended or revoked?

Driving a car is considered a privilege– and the State of New Jersey will not hesitate to take it away, if a driver behaves irresponsibly on the road. A State may temporarily suspend your driving privileges for a number of reasons, including:

• driving under the influence of alcohol or drugs
• refusing to take a blood-alcohol test
• driving without liability insurance
• speeding
• reckless driving
• leaving the scene of an injury accident
• failing to pay a driving-related fine
• failing to answer a traffic summons, or
• failing to file an accident report.

In addition, New Jersey uses a “point” system to keep track of a driver’s moving violations: each moving violation is assigned a certain number of points. If a driver accumulates too many points within a given period of time, the Motor Vehicle Commission (MVC) will suspend his or her license.

Why doesn’t New Jersey Motor Vehicle Commission (MVC) return a driver’s license after the period of suspension?

For security purposes, New Jersey MVC no longer maintains paper files. When a driver’s license is surrendered due to suspension, a notation is made on the driver history record and the actual document is destroyed. Text appears on the driver’s restoration notice to enable him or her to obtain a free replacement license at any Motor Vehicle Commission agency when the driving privilege is restored.

Should I plead guilty or not guilty to a traffic violation in a court of law?

To answer this question, you will have to factor in potential fines, penalties, surcharges, court costs, motor vehicle points, insurance eligibility points and effects on your driving privileges that will follow a guilty plea to the charged offenses.

If you plead not guilty, you have an opportunity to go to court and have a trial, at which the State, represented by the municipal prosecutor, will have to prove your guilt to the judge beyond a reasonable doubt. You can also plead not guilty and see if you or your lawyer can plea bargain with the municipal prosecutor for a factually similar, but legally different result. The municipal court judge, prosecutor and police officer all have access to your driving abstract, and this is a major factor in the State’s decision on the terms of a plea bargain.

Are there viable excuses or questions that might prevent an officer from issuing a traffic ticket?

As a general rule, if you are speeding to the hospital, or run a red light due to an emergency, a ticket will not likely be issued and you might get a police escort to accompany you. But in the end, the violator’s attitude really does make a difference whether or not a ticket is issued. The officer generally has the last word on traffic stops, and motorists can gain an advantage by being cooperative and patient with questions. Also, it doesn’t hurt to ask the officer for a warning.

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Three ways points can be reduced and/or deducted:

• For every year of safe driving (no violations or suspensions), up to three points may be subtracted from your point total. This reduction of points occurs one year after:
  • your last point violation; or
  • your license was restored; or
  • the last time annual safe driving points were subtracted from your record (whichever is later).
• After completion of a Motor Vehicle Services (MVS) offered driver improvement program, up to three points may be subtracted from your point total. These programs are only offered to problem drivers selected by MVS. Credit is given for one program maximum every two years.
• After completion of a MVS approved defensive driving course up to two points may be subtracted from your point total. Credit is given for one program maximum every five years.
• Please visit the “Improv-School” banner on my website: www.newjerseytrafficattorney.com for more information on on-line driver improvement program.

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