New Jersey Criminal Attorney Blog

A Paterson man who pleaded guilty to leaving the scene of an accident in which the other driver was killed. The defendant faces seven years in prison.

Even in minor traffic accidents where that not result in injury or death, leaving the scene can mean added charges. Leaving the scene of an accident that does not result in personal injury can mean two points on your license, fines, and license suspension. If the accident does result in injury, it can mean eight points on your license, fines and prison time.

In the case of Jamal Williams, the Paterson who pleaded guilty, leaving the scene of that accident could cost him seven years of his life. After he left the accident, the other victim, a 60-year-old man, was taken to the hospital where he later died. Williams will be sentenced in December.

There is a lot of misinformation concerning the consequences of refusing a breathalyzer test, but the law in New Jersey is clear: you must take the test or face stiff penalties.

On a first offense, refusing a test can result in license suspension for 7 months to a year, up to a $500 fine and 12 hours in an Intoxicated Driver Resource Center Program. To convict someone of refusing the breathalyzer test, the State needs only to show that the arresting officer had probable cause to believe the defendant operated the vehicle while intoxicated. However, it is possible to be found guilty of refusing the test even if a defendant is acquitted of driving while intoxicated.

In fact, just recently a Hoboken police officer was charged with refusing a breathalyzer test, adding to his legal troubles that include a DWI charge.

Whether you have a New Jersey driver's license and you receive a traffic ticket out of state, or you live elsewhere and get pulled over for a violation while driving through North Jersey, it's important to understand how out-of-state violations affect the number of points on your license.

Almost all states belong to the Driver License Compact, an agreement among member states to share information on traffic violations. However, each state establishes its own rules that determine whether it will assess points for minor out-of-state traffic violations.

For example, if you hold a New York driver's license and receive a minor traffic violation in New Jersey, no points will be assessed to your New York license. It's important to remember that such violations still could result in costly fines, so consider all of the factors before deciding whether to plead guilty to a traffic offense.

On the other hand, a New Jersey driver who is deemed guilty of a minor point violation in New York will typically see two points assessed to his or her New Jersey license. A New Jersey driver who accumulates points could have to pay surcharges, and a New Jersey driver who receives 12 to 15 points in two years could have his or her license suspended for 30 days.

The rules are different for more serious offenses such as DUI charges. An out-of-state driver who is convicted of such charges in New Jersey could be in danger of having his or her home state license suspended. Such rules depend on the state and the type of violation. For example, a New York driver 21 years or older who is convicted in New Jersey of an alcohol related offense could have his or her license suspended for 90 days. If the conviction is for a drug related offense, the suspension is six months.

An out of state driver who receives a summons in New Jersey and wants to plead not guilty may not have to appear in court to address the charges, depending on the circumstances. In some cases, a local attorney may be able to represent a driver at a court hearing without the driver being present.

For two weeks beginning this weekend, New Jersey State Troopers will be targeting drivers who tailgate along the New Jersey Turnpike and Garden State Parkway, according to the Star Ledger.

Tailgating carries a penalty of five points as well as fines and possible surcharges. According to the Star Ledger report, troopers will be using "laser technology" to measure the distance and speed between travelling cars.

The state's tailgating statute is vague when it comes to defining the offense. It states that: "The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway." However, the Star Ledger story quotes a trooper recommending one car length for every ten miles per hour.

New Jersey's point system has long been a source of confusion among drivers facing tickets for moving violations. The following is an overview of how the point system works, and its consequences for drivers.

The number of points a driver faces can vary greatly depending on the violation. While most will result in two points on a driver's license, a driver convicted of leaving the scene of an accident resulting in personal injury could receive eight points.

The penalty a driver faces depends on how many points he or she has accumulated over a given period of time. For example, drivers who accumulate 12 to 15 points in two years or less could have their license suspended for 30 days. Accumulate 36 points in a period greater than two years, and the penalty is suspension of not less than 180 days. The penalties in between vary according to number of points and time period.
A driver can avoid suspension by attending an approved driver safety course.

The Motor Vehicle Commission will also impose surcharges for drivers who accumulate six or more points over three years. The surcharges amount to $150 for the first six points and $25 for every point thereafter. The surcharges apply as long as the points remain on a driver's license.

Point violations remain on your driving record; however the number of points can be deducted over time. Three points will be deducted from your total if you go a year without another violation. You can also receive a two-point deduction for attending a defensive driving course approved by the Motor Vehicle Commission.

The Record's Road Warrior columnist wrote an interesting piece this week on traffic cameras. The column made the case in favor of traffic cameras, disputing arguments that they cause accidents.

Aside from the debate over whether such cameras are a good idea, the column also pointed out that with 12,000 cameras expected to be installed throughout New Jersey, only one municipality in Bergen and Passaic Counties will use them. That would be Wayne Township at Hamburg Turnpike and Black Oak Ridge Road.

After the legislature permitted the use of cameras, the use of traffic cameras has led to criticism. But although the cameras are slow to arrive to North Jersey, expect the debate to gain speed.

With news that a California judge agreed to expunge Mel Gibson's infamous arrest from his record, it's worth noting that he would not have been so lucky had he been before a New Jersey court.

DWI convictions - or any motor vehicle violations for that matter - are specifically excluded from New Jersey's statute on expungement. Such convictions remain on your record permanently, which is why it is so essential to have good representation in the event of a DWI arrest.

However, expungement is available for other offenses. In New Jersey Courts, an expungement involves scrubbing a person's record of "detection, arrest, detention, trial or disposition of an offense within the criminal justice system." The goal is to allow a one-time offender to move forward with his or her life.

Not everyone is eligible for an expungement. The following criteria must be met:

• you have no other prior or subsequent arrests


• you have not been convicted of a disorderly or petty disorderly persons offense on more than two occasions.


• you have not been convicted of more serious crimes including murder, manslaughter, rape, arson, perjury, and certain drug offenses, among others

The law also requires a waiting period before a petition for expungement may be granted. The clock begins running from the conviction, payment of a fine, or completion of parole or incarceration, whichever is later. That time period is ten years for most crimes, five years for disorderly persons offenses, two years for violations of a municipal ordinance, and one year for drug possession offenses where the offender was 21 years old or younger and possessed 25 grams or less of marijuana or 5 grams or less of hashish.

The process for seeking expungement involves petitioning the court involves filing a petition with the Superior Court in the county where the offense occurred.

An odd story came out of North Carolina this morning where a 51-year-old man was charged with DWI after police caught him riding his bicycle while intoxicated. But don't expect to see any similar stories out of New Jersey, where the DWI laws are not so broadly applied.

Contrary to what may be the case in other parts of the country, New Jersey's DWI law does not apply to bicyclists. But, to state the obvious, the practice could still result in trouble.

New Jersey's DWI statute specifically applies to motor vehicles. The statute defines a motor vehicle as "all vehicles propelled otherwise than by muscular power. . ." Clearly that would exclude bicyclists. Yet in 1988 a Montgomery Township municipal court judge convicted a man of DWI for bicycling while drunk. The defendant appealed and in State v. Machuzak, a Somerset County judge threw out the conviction. In reversing the conviction, the judge wrote that it was "abundantly clear" that the statute was "not intended to apply to non-motorized pedal-type bicycles."

It may seem obvious, but it's worth stating: common sense dictates that bicycling while drunk is never a good idea. In addition to risking personal injury, it could result in other related charges such as disorderly conduct. And getting drunk in public often leads to other far more serious offenses like assault.