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.

Those long-forgotten New Jersey traffic tickets may end up becoming a barrier to obtaining a license, or a license renewal, in another state.

As states have become more efficient at sharing information, motor vehicle agencies are getting better at flagging drivers with unresolved violations in other parts of the country. That means somebody who moved out of New Jersey twenty years ago leaving an unpaid ticket may suddenly have a problem renewing his or her license elsewhere.

Making matters worse, drivers with unresolved New Jersey tickets may not even be aware of the tickets if the municipality sent a notice of court hearing to the driver's old address after he or she moved out of state. Often times the violations are so old, drivers are at a loss to remember whether they received any notice.

Unpaid tickets can result in a suspended license in New Jersey. A suspension in New Jersey must be cleared up before a driver can obtain or renew a license in another state. The good news is, depending on the circumstances this may be a relatively easy matter to resolve. And with a competent legal representation, you may not even need to travel to New Jersey for court appearances.

An intensive effort by law enforcement throughout New Jersey to find drunk drivers resulted in police issuing hundreds of other summonses for things like speeding and seatbelt violations throughout Bergen and Passaic counties.

While the campaign resulted in 137 drunk driving arrests in Bergen County and 95 drunk driving arrests in Passaic County, it also produced 1,973 speeding tickets in Bergen county and 374 tickets for seatbelt violations in Passaic County.

The State Division of Highway Traffic Safety funded the crackdown, paying for law enforcement overtime during a two-week period ending on September 7.

A drunk driving conviction could result in fines, license suspension, and even imprisonment. While speeding tickets are a less serious offense, they could have important consequences. Depending on how fast a driver is traveling, speeding tickets can result in a penalty of between two and five points. A driver who accumulates 12 to 15 points in two years is subject to a 30 day license suspension.

New Jersey State Police will be stepping up enforcement of aggressive driving laws as part of a campaign to reduce collisions between trucks and cars expected to begin in December.

The campaign will include a public relations component with radio advertisements and educational materials encouraging car and truck drivers to be more aware of each other, but it will also include additional enforcement. Police will be on the lookout for violators who risk truck-car collisions, and could increase tickets for following too closely or weaving between lanes. .

The crackdown comes after state police launched another program to target tailgaters last month. The new program is part of a federal initiative called the Ticketing Aggressive Cars and Trucks program, and will be funded by $800,000 in federal money.

In Bergen and Passaic Counties last year, there were nine deaths and 818 injuries as the result of collisions between trucks and cars.

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.

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.

A recent survey of traffic enforcement practices tagged New Jersey as the toughest in the nation. And North Jersey drivers who commute to New York may not be surprised that the Empire State was not far behind.

The survey by the National Motorists Association cited court practices, speed traps and fees in awarding New Jersey this dubious honor. It also cited the state's recent use of red-light cameras, which the organization says has a "negative effect on traffic safety."

While the survey placed the Garden State as only the seventh worst state for speed traps, an article on MSN Money points out that a combination of factors combined to contribute to the earn New Jersey the top spot on the list. The survey evaluated states based on factors including the use of speed cameras, speed limits on highways, and the availability of jury trials for moving violations.The combination of factors landed New York in the number five spot.

New Jersey's status as one of the most densely populates states in the country likely accounts for the increased level of traffic enforcement, the MSN Money article points out. Yet the survey suggests that there are several reasons for New Jersey motorists to beware.

Whether New Jersey police issue traffic tickets to increase revenues or to enforce the law has always been a controversial topic. But with municipalities facing tough budgetary times, the question has become even more timely. No matter what motivates police to step up traffic enforcement, even careful drivers may be in danger of racking up points on their licenses that can lead to higher insurance premiums or worse, suspension.

Some New Jersey municipalities have been issuing more traffic tickets as a way to close budgetary shortfalls during tough economic times. One small town nearly doubled its revenues from traffic violations over the previous year, as reported in a recent article in The Press of Atlantic City. The added revenue would help cover the town's operating budget, according to that article.

But some describe reports of such revenue-generating ticket blitzes as nothing more than an "urban legend." Police sources have said that the greater share of revenue generated by traffic tickets does not go to the police department, but rather municipal court and state fees, according to an article in the Cliffview Pilot.

In fact, earlier this year a chain email was widely circulated purporting to warn of a coming ticket blitz by New Jersey State Police. As it turned out, the rumor was false. The email was just the latest version of similar chain letters claiming to warn of ticket blitzes in other areas of the country that have been circulating for several years.

No matter what motivates police to step up enforcement of traffic violations, any increase in traffic tickets can spell trouble when even the most careful drivers make honest mistakes.