Types of motor vehicle offenses:
- Vehicular homicide
- Reckless operation of a motor vehicle
- OUI subsequent offense (OUI 2nd Offense – OUI 5th Offense or more)
- Operating under the influence of drugs
- Operating under the influence of alcohol (DUI/OUI)
- Operating to endanger
- Operating an unregistered motor vehicle
- Operating an uninsured motor vehicle
- Negligent reckless operation of a motor vehicle
- Leaving the scene of an accident causing property damage
- Leaving the scene of an accident
- Driving without a license
- Driving with a suspended license
Types of RMV License Suspensions:
- Underage drinking conviction
- Speeding
- Possession of dangerous substances
- Lack of insurance driving
- Failure to comply with a court order
- Driving with no insurance
- Driving with a suspended license
- Driving under influence
- Driving recklessly
- Cell phone use while driving
- Accident caused as a result of careless driving
Penalties for Motor Vehicle Offenses:
- Driving without registration card of the vehicle fine of $500
- Driving without a license a fine from $200 to $500 or imprisonment for 60 days
- Driving a vehicle that is unregistered gets a fine of $100
- Driving a commercial vehicle gets an imprisonment of 90 days or a fine of $500 to $1000
What is the court process?
In New Jersey, motor vehicle offenses are heard in Municipal Courts. When you have been charged with a motor vehicle offense and you arrive in court, the clerk of the court will before the proceedings start and read a roll call. You will have to identify yourself according to that. Each case will be heard separately. Before the start of the case proceedings, the judge will read the rules and procedures to you. You will be represented by your lawyer should you choose to have one present and the opposing counsel will be a representative of the State. You will be considered innocent until proven guilty, and your guilt would need to be proven beyond reasonable doubt.
Can I fight a “RMV” license suspension?
No you cannot. You have to serve the whole suspension sentence.
Does my driving record affect my case?
The courts take a number of factors into account when deciding on a motor vehicle crime case in New Jersey. A court will look at the age of the offender, their state of mind and previous driving record. A habitual offender for example will be dealt with harsher than a normal driver.
What is a habitual traffic offender and can this affect my charges?
A habitual traffic offender is someone who has a previous driving offenses record. These individuals have a high motor vehicle commission points which can over time result in a license suspension. Someone who is a habitual defender has different, harsher penalties.
How do I get my license back?
Once you have served your sentence, you can apply to the Motor vehicle Commission in New Jersey to get your license back.
Call to speak with one of our New Jersey motor vehicle crime lawyers at Castronovo & McKinney for a free consultation or a second opinion regarding your motor vehicle crime charges. We can be reached at 973-920-7888 or by filling out our confidential case evaluation form.