New Jersey Criminal Attorney Blog

The State Supreme Court issued criteria that Municipal Court judges must meet before revoking a driver's license for reckless driving.

In the past, municipal judges have had wide discretion in revoking licenses for reckless driving. But in its ruling in State v. Moran, released this week, the Supreme Court sought to provide standards that would guide judges in suspending licenses. In addition to clarifying that suspension requires that the driver acted willfully and deliberately, the decision also requires judges to consider the following factors:

1) the nature and circumstances of the defendant's conduct, including whether the conduct posed a high risk of danger to the public or caused physical harm or property damage;

2) the defendant's driving record, including the defendant's age and length of time as a licensed driver, and the number, seriousness, and frequency of prior infractions;

3) whether the defendant was infraction-free for a substantial period before the most recent violation or whether the nature and extent of the defendant's driving record indicates that there is a substantial risk that he or she will commit another violation;

4) whether the character and attitude of the defendant indicates that he or she is likely or unlikely to commit another violation;

5) whether the defendant's conduct was the result of circumstances unlikely to recur;

6) whether a license suspension would cause excessive hardship to the defendant and/or dependents; and

7) the need for personal deterrence.

The conviction of a Spanish-speaking driver who refused a Breathalyzer test was overturned because police did not advise him of the consequences of his refusal in a language he could understand.

The New Jersey Supreme Court ruled this week in State v. Marquez that police must provide the warning in a language the driver can understand in order to satisfy the statutory requirement that police inform drivers of the penalties they face for refusal to submit to a test.

As a result of the ruling, the Attorney General's Office is reportedly preparing translations that police may use to administer the standard statement in various languages.

The statement that police are required to give is part of New Jersey's implied consent law and refusal law. The implied consent law deems all motorists to have consented to providing breath samples. The refusal law authorizes the state to revoke a motorist's license for refusing to submit to such a test.