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39:3-10.18(b) Driving a commercial vehicle after dl sus

39:3-10.18(b)Driving a commercial vehicle after driverslicense has been suspended

Fine or $500 -$5000

mprisonment up to 90 days, or both

b. (1) A person who has been refused a commercial driver license, whose commercial motor vehicle driving privilege or any endorsement has been suspended or revoked, who has been prohibited or disqualified from operating a commercial motor vehicle, who is subject to an out of service order, or whose driving privilege is suspended or revoked, shall not operate a commercial motor vehicle during the period of refusal, suspension, revocation, prohibition, or disqualification, or during the period of the out of service order.

(2) A person who violates this subsection shall, upon conviction, be fined not more than $5,000 for each offense, or imprisoned for a term of not more than 90 days, or both. If a person is involved in an accident resulting in personal injury to another person while operating a commercial motor vehicle in violation of this subsection, the court shall impose both a period of imprisonment for 90 days and a fine of $5,000.

In addition, the commercial motor vehicle driving privilege of a person convicted under this subsection shall be suspended in accordance with section 12 of this act.

39:3-10.20. Suspension of commercial motor vehicle driving privilege a. In addition to any other penalty provided by law, a court shall suspend for not less than one year nor more than three years the commercial motor vehicle driving privilege of a person for a first violation of:

(1) R.S. 39:4-50 if the motor vehicle was a commercial motor vehicle or section 5 of this act.

(2) R.S. 39:4-129 if the motor vehicle was a commercial motor vehicle operated by the person.

(3) Using a commercial motor vehicle in the commission of any crime as defined in subsection a., c., or d. of N.J.S. 2C:1-4.

(4) Refusal to submit to a chemical test under section 2 of P.L. 1966, c.142 (C.39:4-50.2) or section 16 of this act if the motor vehicle was a commercial motor vehicle.

(5) Paragraph (1) of subsection b. of section 10 of this act.

b. If a first violation of any of the violations specified in subsection a. of this section takes place while transporting hazardous material or takes place in a vehicle displaying a hazardous material placard, the court shall suspend the commercial motor vehicle driving privilege of the person for three years.

c. Subject to the provisions of subsection d. of this section, the court shall revoke for life the commercial motor vehicle driving privilege of a person for a second or subsequent violation of any of the offenses specified in subsection a. or any combination of those offenses arising from two or more separate incidents.

d. The director may issue rules and regulations establishing guidelines, including conditions under which a revocation of commercial motor vehicle driving privilege for life under subsection c. may be reduced to a period of not less than 10 years.

e. Notwithstanding any other provision of law to the contrary, a court shall revoke for life the commercial motor vehicle driving privilege of a person who uses a commercial motor vehicle in the commission of a crime involving the manufacture, distribution, or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, or dispense a controlled substance or controlled substance analog. A revocation under this subsection shall not be subject to reduction in accordance with subsection d. of this section.

f. A court shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than 60 days if the person is convicted of a serious traffic violation and that conviction constitutes the second serious traffic violation committed in a commercial motor vehicle in this or any other state arising from separate incidents occurring within a three year period. A court shall suspend the commercial motor vehicle driving privilege for 120 days if the conviction constitutes the third or subsequent serious traffic violation committed in a commercial motor vehicle in this or any other state arising from separate incidents occurring within a three year period.

g. After suspending, revoking, or canceling a commercial motor vehicle driving privilege, a court shall make a report to the director within three days in such form as the director may require. The director shall notify the Commercial Driver License Information System of the suspension, revocation, or cancellation. In the case of non-residents, the director also shall notify the licensing authority of the state which issued the commercial driver license or the state where the person is domiciled. The director shall provide these notices within 10 days after the suspension, revocation, cancellation, or disqualification.

h. The director shall in accordance with this section suspend a commercial motor vehicle driving privilege of a person holding, or required to hold, a commercial driver license issued by this State if the person is convicted in another state or foreign jurisdiction of an offense of a substantially similar nature to the offenses specified in subsection a., e., or f. of this section. For purposes of this section, a violation such as driving while intoxicated, driving under the influence, or driving while ability is impaired shall be considered substantially similar offenses. For purposes of this section, a violation committed in another state but substantially similar to those enumerated in subsection a. of this section committed in this State shall be included.

i. Notwithstanding any other provision of law to the contrary, a conviction under this section, or section 5 or 16 of this act, shall not merge with a conviction for a violation of R.S. 39:4-50 or section 2 of P.L. 1966, c.142 (C.39:4-50.2).

CONCLUSION

If charged with a traffic offense, immediately schedule an appointment with a trial attorney. Dont rely on a real estate attorney, public defender or a family member who simply attended law school. When your driving privileges and ability to drive to work is on the line, hire an experienced attorney.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses
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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

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