2C:17-3 Criminal mischief

 2C:17-3  Criminal mischief

4th degree  0- 18 months       $10,000             1 year- 5 year

3rd degree  3- 5 years            $15,000             1 year- 5 year

Disorderly person criminal offenses- in Municipal Court

Jail 2C: 43- 8            jail  6 month maximum 

                                probation 1-2 year max                           

                                community service  180 days maximum  

                               

Disorderly- fines:    $1,000 Fine  maximum  under 2C: 43- 3

                                    plus mandatory costs, VCCO and other penalties                    

         There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.    

 

2C:17-3 a. Offense defined. A person is guilty of criminal mischief if he:

 

(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or

 

(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.

 

b.Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.

 

(2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2000.00.  

     It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.

 

(3)Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term "physical disruption" does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility.

 

(4)Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

 

(5)Criminal mischief is a crime of the fourth degree if the actor interferes or tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

 

(6)Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.

 

(7)Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes a substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public service.  Criminal mischief is a crime of the second degree if the substantial interruption or impairment recklessly causes death.

 

(8)Criminal mischief is a crime of the fourth degree if the actor purposely or knowingly breaks, digs up, obstructs or otherwise tampers with any pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cable or appurtenances.

 

c.A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate.  If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.

 

d.As used in this section:

 

"Act of graffiti" means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.

 

e.A person convicted of an offense of criminal mischief that involves the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings, may, in addition to any other penalty imposed by the court, be required to pay to the owner of the property monetary restitution in the amount of the pecuniary damage caused by the damage or destruction.

 

   Criminal Indictable and Disorderly Offense  Penalties

 

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8            jail  6 month maximum 

                                probation 1-2 year max                                          

                                community service  180 days maximum  

                               

Disorderly- fines:    $1,000 Fine  maximum  under 2C: 43- 3

                                    plus mandatory costs, VCCO and other penalties                    

         There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.    

         Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, plus usual Probation, drug testing, DNA testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000. 

 

-Petty Disorderly person - 30 days jail   maximum

Petty DP $500 max Fine, VCCB and other penalties

 

         Indictable Crime Penalties    [Felony type]  [ Superior Court]

                  Jail  potential        Fine max Probation

1st degree  10- 20 years        $200,000           [presumption of jail]

2nd degree  5-10 years           $150,000           [presumption of jail]

3rd degree  3- 5 years            $15,000             1 year- 5 year

4th degree  0- 18 months       $10,000             1 year- 5 year

 

  There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

 

         If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!  

 

  Purposely

2C:2-2 .  General requirements of culpability

 a.  Minimum requirements of culpability.    Except as provided in subsection c.(3) of this section, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

      b.  Kinds of culpability defined.

   2C:2-2  b (1)  Purposely.  A person acts purposely with respect to the nature of his conduct or a result thereof if it is his conscious object to engage in conduct of that nature or to cause such a result.  A person acts purposely with  respect to attendant circumstances if he is aware of the existence of such  circumstances or he believes or hopes that they exist. "With purpose," "designed,"  "with design"  or equivalent terms have the same meaning.

 

 2C:2-2 b (2)  Knowingly.    A person acts knowingly with respect to the nature of his conduct or the attendant circumstances if he is aware that his conduct is of that nature, or that such circumstances exist, or he is aware of a high probability of their existence.  A person acts knowingly with respect to a result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. "Knowing,"  "with knowledge"  or equivalent terms have the same meaning.

 

Research by:  KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

 2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

More information on Fines, jail and penalties on website: www.njlaws.com 

[Copyright 2019  Vercammen Law    Fines, Jail penalty criminal]                                                                                                        

Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive.  If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.

         

You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.

         

When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

         

Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.  Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.

         Kenneth Vercammen, Certified Criminal Trial Attorney

         Past NJSBA “Municipal Court Attorney of the Year”

Former Prosecutor of Cranbury Municipal Court 

and co-Author of: ABA  "Handling Drug and DWI Cases." 

Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!

 

Expungement Services to Apply to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services

 Expungement Services to Apply to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services  rev 1/27/23

Please read and fill out interview form at end

 

 $1,900 if paid within 7 days     

Credit card or Check payable to Vercammen PC.

   [Fee is less if we handled case previously or is charge was dismissed outright in Municipal Court within one month]

 

Please type up and email back details. Do the best you can.

1.     Petitioner's name is _____________.  

any other name used___________________.  

Current address ___________________________________

CITY _____________________________ STATE _______ ZIP __________

 

CELL-PHONE ___________________________________ 

(Area Code Needed)

            

OTHER PHONE # __________________________  

 

E-MAIL ADDRESS ______________________________________________

 

REFERRED BY: _______________________________________________

 

2.     Petitioner's date of birth is _______, 

 

3.  Petitioner was charged  on   ________________ for violation of the following:  

N.J.S.A. 2C:  ______________

 

type of offense   _________________

 

Town ___________________

 

Summons/ Warrant/ Complaint #  ____________________

[Leave out traffic tickets ex 39:4-49.1.   Traffic tickets cannot be expunged]

The original complaint number was ___________

 

4.  This matter was in ___________   County  .  

 

5. This matter was heard in the   ______________ Municipal Court on __________ 

 

6. On ______, I plead guilty of the following offense: ________________________. 

I was fined _____, costs of ______ and ______. 

 

 Or

 

on ________________, charges were dismissed

 

7. The following are all other charges or tickets against me since I was 15 years old, even if the charge was dismissed, including charges in other states:  [IF NONE, WRITE NONE]

Petitioner was charged  on   ________________ for violation of the following:  

N.J.S.A. 2C:  ______________

 

type of offense   _________________

Summons/ Warrant/ Complaint #  ____________________

 

Other prior offenses:

This matter was in ___________  County , town ______________

 

Disposition/ result ___________________________________

[If none, write none]

 

The client must provide a written disposition to the law office for all prior criminal charges or typed details you have, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. 

The Law Office can obtain the Certified Disposition for Municipal Court cases, or a Judgment of Conviction for Superior Court charges at a fee of $400 per court. It is usually more cost effective for the client to obtain the court records themselves.

Details on expungement at http://www.njlaws.com/expungement.html

 

 

What we will do:

-Telephone consultation with client; 

-Office consultation with client;

-Opening of file and client may have free client case folder, Municipal Court brochure, MVC Points brochure, and Website brochure;

-Review documents supplied by client and court;

-Review of necessary statutes and case law;

-Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD   PURSUANT TO N.J.S.A. 2C:52-6(a)

         - Preparation of other documents required by the court 

         - Preparation of proposed ORDER FOR EXPUNGEMENT

 

We file with Superior Court Expungement Unit- Petition and supporting documents

 

Email Client with filed Petition 

 

Follow up Court Order for hearing (takes approx 90 days) 

Expungement Services to Remove Bill    

 

Misc phone calls to and from client

-Call Superior Court Expungement Unit to confirm  

 

If Expungement granted and receipt of signed Order for Expungement, 

         Preparation of letter with signed Order for Expungement to Client

         

The Court will send by email to -NJ Attorney General  

                          Department of Law & Public Safety

         NJ Superintendent of State Police

         - County      Prosecutor;

         -   Chief of Police;

         -   Municipal Court Administrator; and any other public entity requested by the court. 

-Any other government entity requested by the defense attorney

 

Please note a Judicial Expungement granted by the Superior Court Judge does not change databases set up by private entities or credit agencies.

Preparation of End of Case Letter to client with original signed Order for Expungement and client questionnaire.

 

         Please note we do not open a file and do not handle the case until all fees are paid in full up front and you provide details of every charge ever against you in any state, except traffic tickets. 

Any other work not listed above will require additional fees or costs.

 The client must provide disposition or copies of complaint for all prior Municipal court criminal charges, even criminal charges you were not arrested or fingerprinted. 

This is required by the Superior Court. All charges since you were 18 years old must be listed. 

If you are not 100%  sure of your prior charges including town ordinances you may want to order a criminal history CCH on yourself when the expungement is started. The fee to obtain your criminal history is less than $75. 

For a Criminal History Contact use a List of FBI-Approved Channelers for Departmental Order Submissions https://www.fbi.gov/services/cjis/identity-history-summary-checks/list-of-fbi-approved-channelers-for-departmental-order-submissions or other NJ qualified sources. The attorney currently cannot obtain a criminal history for you. 

Our Private investigator can do obtain a criminal history for you for an extra $900.

If the expungement is granted we recommend to all clients to send a follow up letter and copy of Order for Expungement by Certified Mail to all above Courts and Law Enforcement so they have a copy for their records. 

The Law Office can handle this for additional fee of $250. You should also serve a copy on the credit reporting agencies.

If the Court grants the expungement petition, the NJ police departments and NJ courts are Ordered to remove information from their records.

The Court order does not pertain to online private companies or websites, which may contain old information. 

The Federal Government and immigration still has access to expunged /erased records.

If there are objections to the Expungement Petition by the Prosecutor or other entities and a hearing is required, additional fees may apply. 

The fee you paid does not include appeals if the court denies your petition.

 

Please fill out blank lines on your computer and email or return to office to start Expungement, and provide check or credit card info. You need to provide us with the Certified disposition if your prior offense was in Municipal Court. The Certified disposition should be provided to the Superior Court. To obtain the certified disposition, simply contact the Municipal Court. The Municipal Court will charge a fee of approx $10.00. 

  If you are unable or unwilling to do this, our fee to drive to the court to obtain the Certified disposition is an additional $300.

If your prior charge was in Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea. 

If PTI Pre-trial intervention, provide copy of Order of Dismissal.

 

 

Expungement Questionnaire

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500

          Questions to attorney are best via email to Vercammenlaw@njlaws.com.

If you need to speak to law office, call 732-572-0500 after 10am. Please do not call any other number or cell number. Please do not call Ken V house.

 

Will preparation online without having to travel to law office and follow up consults over phone & online.

 Will preparation online without having to travel to law office and follow up consults over phone & online. 

Wills now prepared online but without requiring persons to travel into the office.

To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well-being and convenience.

1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the Will interview form.

2. Client types response/ Fill in details. Email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Information cannot be handwritten since computer cannot scan handwriting.

3. Ken V will call to discuss after typed interview form received.
4. After persons pay by credit card online or check we will draft documents and email to clients.
5. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. 

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. 

       The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

 

Driver’s License Suspension Hearings when involved in a Fatal accident.

 Driver’s License Suspension Hearings when involved in a Fatal accident.

If there is a fatal car accident in New Jersey, an investigation of the incident, whether performed by the State Police or by local police, shall be completed and forwarded to the director within 72 hours of the time of the accident.

The Motor Vehicle Commission can then serve a proposed suspension on the driver if they were involved in the fatal accident and the MVC determined they committed a motor vehicle violation.

The driver can request a hearing in writing. The hearing is held in front an Administrative Law Judge. The following is the applicable statute.

NJSA 39:5-30  Suspension, revocation of registration, license certificates.



39:5-30. a. Every registration certificate, every license certificate, every privilege to drive motor vehicles, including commercial motor vehicles as defined in P.L.1990, c.103 (C.39:3-10.9 et al.), every endorsement, class of license, and commercial driver 's license, may be suspended or revoked, and any person may be prohibited from obtaining a driver's license or a registration certificate, or disqualified from obtaining any class of or endorsement on a commercial driver's license, and the reciprocity privilege of any nonresident may be suspended or revoked by the MVC Director for a violation of any of the provisions of this Title or on any other reasonable grounds, after due notice in writing of such proposed suspension, revocation, disqualification or prohibition and the ground thereof.



b.Whenever a matter is presented to the director involving an alleged violation of



(1)R.S.39:4-98, where an excess of 20 miles per hour over the authorized speed limit is alleged, and which has resulted in the death of another;



(2)R.S.39:4-50, and which has resulted in the death of another; 



(3)R.S.39:4-96, and which has resulted in the death of another; or

(4)R.S.39:4-129, wherein the death of another has occurred, and the director has not determined to immediately issue a preliminary suspension pursuant to subsection e. of this section, the director shall issue a notice of proposed final suspension or revocation of any license certificate or any nonresident reciprocity privilege to operate any motor vehicle or motorized bicycle held by the individual charged or temporary order prohibiting the individual from obtaining any license to operate any motor vehicle or motorized bicycle in this State.



In the notice, the director shall provide the individual charged with an opportunity for a plenary hearing to contest the proposed final suspension, revocation or other final agency action.  Unless the division receives, no later than the 10th day from the date the notice was mailed, a written request for hearing, the proposed final agency action shall take effect on the date specified in the notice.

Upon receipt of a timely request for a plenary hearing, a preliminary hearing shall be held by an administrative law judge within 15 days of the receipt of the request.  The preliminary hearing shall be for the purpose of determining whether, pending a plenary hearing on the proposed final agency action, a preliminary suspension shall be immediately issued by the judge. Adjournment of such hearing upon motion by the individual charged shall be given only for good cause shown.

At the preliminary hearing, the parties shall proceed on the papers submitted to the judge, including the summons, the police reports and the charged individual's prior driving record submitted by the division, and any brief affidavits permitted by the judge from persons who shall be witnesses at the plenary hearing, and the parties may present oral argument.  Based on the papers, on any oral argument, on the individual's prior driving record, and on the circumstances of the alleged violation presented in the papers, the judge shall determine whether the individual was properly charged with a violation of the law and a death occurred; and, if so, whether in the interest of public safety, a preliminary suspension shall be immediately ordered pending the plenary hearing on the proposed suspension or revocation.  The administrative law judge shall transmit his findings to the director.



A plenary hearing shall be held no later than the 45th day following the preliminary hearing.  Adjournment of the hearing shall be given only for good cause shown.  If the hearing is otherwise postponed or delayed solely at the instance of the individual charged, the administrative law judge shall immediately issue a preliminary suspension of any license certificate or any nonresident reciprocity privilege held by the individual charged, or if any such preliminary suspension or order is in effect, he shall continue such suspension or order.  Such preliminary suspension or temporary order shall remain in effect pending a final agency decision on the matter.  If the hearing is otherwise postponed or delayed at the instance of anyone other than the individual charged, the judge shall immediately issue an order restoring the individual's license certificate or any nonresident reciprocity privilege pending final agency decision in the matter. The period of any preliminary suspension imposed under this section shall be deducted from any suspension imposed by the final agency decision in the matter.



c.Whenever any other matter is presented to the director involving an alleged violation of this title, wherein the death of another occurred and for which he determines immediate action is warranted, he may proceed in the manner prescribed in subsection b. above.



d.Whenever a fatal accident occurs in this State, an investigation of the incident, whether performed by the State Police or by local police, shall be completed and forwarded to the director within 72 hours of the time of the accident.



e.Whenever a matter is presented to the director involving an alleged violation of



(1)R.S.39:4-98, where an excess of 20 miles per hour over the authorized speed limit is alleged, and which has resulted in the death or serious bodily injury of another;



(2)R.S.39:4-50, which has resulted in the death or serious bodily injury of another;



(3)R.S.39:4-96 or R.S.39:4-97, which has resulted in the death or serious bodily injury of another; or



(4)R.S.39:4-129, wherein the death or serious bodily injury of another has occurred, the director for good cause may, without hearing, immediately issue a preliminary suspension of any license certificate or any nonresident reciprocity privilege to operate any motor vehicle or motorized bicycle held by an individual charged or temporary order prohibiting the individual from obtaining any license to operate any motor vehicle or motorized bicycle in this State.  For purposes of this subsection, "serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.  

Along with the notice of preliminary suspension, the director shall issue a notice of proposed final suspension, revocation or other final agency action, and shall afford the individual the right to a preliminary hearing to contest the preliminary suspension and a plenary hearing to contest the proposed final agency action.



The preliminary suspension shall remain in effect pending a final agency decision on the proposed final agency action, unless a request for a preliminary hearing is received by the division no later than the 10th day from the date on which the notice was mailed.  The proposed final agency action shall take effect on the date specified in the notice unless a request for a plenary hearing is received by the division no later than the 10th day from the date on which the notice was mailed.  

Upon timely request by the individual, a preliminary hearing shall be held by an administrative law judge, no later than the 15th day from the date on which the division receives the request.  The preliminary hearing shall be for the purpose of determining whether, pending a final agency decision on the matter, the preliminary suspension issued by the director shall remain in effect.  Adjournment of the hearing shall be given only for good cause shown. If the preliminary hearing is otherwise postponed or delayed solely at the instance of someone other than the individual charged, the judge shall immediately order that the individual's license certificate or any nonresident reciprocity privilege be restored pending the rescheduled preliminary hearing.



At the preliminary hearing, the parties shall proceed on the papers submitted to the judge, including the summons, the police reports and the charged individual's prior driving record submitted by the division, and any brief affidavits permitted by the judge from persons who shall be witnesses at the final hearing, and the parties may present oral arguments.  Based on the papers, on any oral argument, on the individual's prior driving record, and on the circumstances of the alleged violation presented in the papers, the judge shall immediately determine whether the individual was properly charged with a violation of the law and a death occurred; and, if so, whether in the interest of public safety, the preliminary suspension shall be continued pending the final agency decision on the matter.  The administrative law judge shall transmit his findings to the director.

Any plenary hearing to contest the proposed final agency action shall conform to the requirements for a plenary hearing contained in subsection b. of this section.



f.In addition to any other final agency action, the director shall require any person whose privileges to operate a motor vehicle or motorized bicycle are suspended or who has been prohibited from obtaining a license, pursuant to this section, to be reexamined to determine the person's ability to operate a motor vehicle or motorized bicycle, prior to regaining or obtaining any driving privileges in this State.

Any determination resulting from any preliminary or plenary hearing held pursuant to subsection b., c., or e. of this section shall not be admissible at any criminal or quasi-criminal proceedings on the alleged violation or violations.



g.In addition to any other requirements imposed by statute or regulation, as a condition for the restoration of a revoked or suspended license issued under the provisions of the "New Jersey Commercial Driver License Act," P.L.1990, c.103 (C.39:3-10.9 et seq.), the person whose commercial driving privileges are revoked or suspended shall successfully complete a commercial driver improvement program.  The director, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations prescribing the scope and content of the program, the qualifications of third parties that may offer a commercial driver improvement program, a fee schedule for persons attending a commercial driver improvement program and such other matters as the director may deem appropriate and necessary.  The successful completion of a commercial driver improvement program pursuant to this subsection shall not entitle a person to any reduction in the points assessed and recorded under P.L.1982, c.43 (C.39:5-30.5 et seq.).  In addition, the director may also require a person holding a commercial driver's license pursuant to P.L.1990, c.103 (C.39:3-10.9 et seq.) who receives 12 or more points during a 24-month period to complete a commercial driver improvement program successfully or face full suspension of the commercial driver's license driving privilege.

Amended 1939, c.216, s.2; 1945, c.256; 1979, c.463, s.2; 1982, c.43, s.8; 1990, c.103, s.33; 2003, c.131, s.3.
 


Other relevant provisions

The MVC Director may also summon witnesses to appear before him at his office or at any other place he designates, to give testimony in a hearing which he holds looking toward a revocation of a license or registration certificate issued by or under his authority.  The summons shall be served at least five days before the return date, either by registered mail or personal service. A person who fails to obey the summons shall be subject to a penalty not exceeding $100.00, to be recovered with costs in an action at law, prosecuted by the Attorney General, and in addition the vehicle registration or driver's license, or both, as the case may be, shall forthwith be revoked.  The fee for witnesses required to attend before the director shall be $1.00 for each day's attendance and $0.03 for every mile of travel by the nearest generally traveled route in going to and from the place where the attendance of the witness is required.  These fees shall be paid when the witness is excused from further attendance, and the disbursements made from payment of the fees shall be audited and paid in the manner provided for expenses of the department. The actual conduct of said hearing may be delegated by the director to such departmental employees as he may designate, in which case the said employees shall recommend to the director in writing whether the said licenses or certificates shall or shall not be suspended or revoked.



 

39:5-30b.  Suspension of license;  period of time;  notice;  hearing
    The director may suspend for a period of no more than 3 years, the license to operate a motor vehicle of any person who, within a period of 3 years, commits motor vehicle violations, other than a violation of section 2 of P.L.1972, c. 197 (C. 39:6B-2), which ultimately result in the licensee having his license suspended three times.  Where any given suspension is based on an accumulation of points involving more than one conviction for violations, the period of suspension shall be calculated from the date of commission of the latest violation.

    The proposed notice of suspension shall be mailed to the licensee at his last address of record with the Division of Motor Vehicles and shall clearly state the reason for the suspension.  The suspension shall become effective 15 days from the date of the mailing of the notice unless the director for cause establishes another date for commencement of the suspension, or the licensee notifies the director in writing within 10 days of the mailing of the notice of  his intention to personally appear at a hearing to challenge the suspension.

    The administrative law judge presiding at a hearing held pursuant to this section shall only consider evidence of the actual number of suspensions and the time period during which the violations leading to the suspensions were committed in issuing a suspension for the period provided for by this act.  He may admit evidence relevant to the circumstances set out in section 3 of this act in considering the appropriateness of any portion of in excess of the 3 year period suspension issued.

    Any person who fails without reasonable cause to appear at a hearing provided for by this section shall have his license to operate a motor vehicle suspended forthwith by the director for a fixed minimum period of 3 years.

     L.1982, c. 85, s. 2, eff. Oct. 1, 1982.