Health
Any health problem can affect an individuals driving. Even little problems like a stiff neck, a cough or a sore leg can give an individual trouble while driving. If a motorist is not feeling well, he/she should let someone else drive.
Vision
Vision is important to safe driving. Most of what a motorist does behind the wheel is based on what he/she sees. State law permits the MVC to retest 10 percent of the driving population each year. A motorist should have his/her eyes tested every year or two. If over age 40, a motorist should have his/her eyes checked every year for special problems.
Good side vision (peripheral vision) is also essential for safe driving. Side vision helps a motorist see out of the corners of his/her eyes while looking straight ahead.
Distance judgment is also an important component to driving. A motorist should know his/her distance from any object while driving. Bad distance judgment often causes accidents.
Hearing
Hearing is more important to driving than many people think. It can warn a motorist of danger. The sound of horns, sirens or screeching tires warns a motorist to be careful. A motorist may be able to hear a car that cannot be seen.
Even people with good hearing cannot hear well if the radio is blaring or he/she is wearing earphones. A motorist should always keep the radio turned down and never wear earphones.
Chapter 7. Driving Privilege and penalties
The driving privilege
Driving is a privilege, not a right. State law allows or requires an individuals driving privilege to be suspended for certain motor vehicle violations, which means the driver license will be taken away and the motorist may not drive for a stated period of time. In addition to license suspension, fines and imprisonment may also be imposed for moving violations. The length of suspension time depends on the law that is broken and how many convictions a motorist receives. Likewise, license restoration depends on the types of offenses and the number of convictions. A habitual offender is a motorist whose driver license has been suspended three times in three years. To avoid any problems, it is important to know and obey New Jerseys traffic laws, which are in place to protect every motorist.
Some suspensions are decided on a case-by-case basis. If the sentence is not mandatory, the Chief Administrator of the MVC or the courts may suspend driving privileges. Reasons for loss of driving privileges may include, but is not limited to the following reasons:
* Failure to appear in court or to pay fines
* Failure to pay motor vehicle surcharges
* Driving while suspended
* Failure to provide proof of insurance
* Physical or mental disqualification
* Drug or alcohol use
* Traffic law violations
* At fault in a fatal accident
* Failure to respond to an MVC notice
The MVC Chief Administrator may also require a re-examination of any person considered to be a problem driver. This re-examination will help to determine whether driving privileges should be suspended.
Driving under the Influence (DUI)
Drivers under age 21 (the legal age to purchase/consume an alcoholic beverage) found with a blood alcohol concentration (BAC) at .01 percent or more while operating a motor vehicle will be penalized (N.J.S.A. 39:4-50.14). The current BAC for drivers age 21 and older is .08 percent (N.J.S.A. 39:4-50).
In New Jersey, a person must be 21 to purchase, possess or consume alcoholic beverages. Underage drinking is illegal and can have severe consequences for young people who drink and for adults who provide alcoholic beverages to those under age 21.
If a driver under age 21 buys or drinks alcohol in a place with an alcoholic beverage license, he/she may be fined $500 and lose his/her license for six months. If a person under age 21 does not have a driver license, the suspension starts when he/she is first eligible to receive a license. Also, the person may be required to participate in an alcohol education or treatment program.
Mandatory Penalties
First offense/BAC .08% or more but less than .10% (N.J.S.A. 39:4-50):
* Three-month suspension of driving privilege
* $250 to $400 fine
* 12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC)
* $230 per day IDRC fee
* Up to 30 days imprisonment
* $100 Drunk Driving Enforcement Fund fee (N.J.S.A. 39:4-50.8)
* $100 Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee
* $1,000 annual surcharge for three years
* $75 Safe Neighborhood Services Fund fee (N.J.S.A. 2C:43-3.2)
* Possible interlock device requirement for six months to one year (N.J.S.A. 39:4-50.17)
First offense/BAC .10% or more (N.J.S.A. 39:4-50):
* Seven-month to one-year suspension of driving privilege
* $300 to $500 fine
* 12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC)
* $230 per day IDRC fee
* Up to 30 days imprisonment
* $100 Drunk Driving Enforcement Fund fee (N.J.S.A. 39:4-50.8)
* $100 Alcohol Education, Rehabilitation and Enforcement Fund fee
* $1,000 annual surcharge for three years
* $75 Safe Neighborhood Services Fund fee (N.J.S.A. 2C:43-3.2)
* Possible interlock device requirement for six months to one year (N.J.S.A. 39:4-50.17)
Underage first offense/BAC .01% or more but less than .08% (N.J.S.A. 39:4-50.14):
* 30- to 90-day suspension of driving privilege (on the day motorist becomes eligible to obtain license or on the day of conviction, whichever is later)
* 15 to 30 days community service
* Participation in an Intoxicated Driver Resource Center (IDRC) or alcohol education and highway safety program, as prescribed by the MVC Chief Administrator.
Driving offense conviction/Loss of license (1)/Fines, fees, surcharges/Imprisonment/Community service (CS), IDRC (2) or detainment
Alcohol or drug related (DUI)3 first offense/3 mo-1 year/$250-$500 fine; $1,000 a yr for 3 yrs surcharge; $230 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund; $100 AERF/Up to 30 days/12-48 hrs IDRC
Alcohol or drug related (DUI)3 second offense that occurs within 10 yrs of first offense/2 years/$500-$1,000 fine $1000 a yr for 3 yrs surcharge; $280 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund $100 AERF/48 hrs-90 days/12-48 hrs IDRC 30 days CS
Alcohol or drug related (DUI)3 third offense that occurs within 10 yrs of second offense /10 years/$1000 fine $1500 a yr for 3 yrs surcharge; $280 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund $100 AERF/180 days/12-48 hrs IDRC up to 90 days CS, which can reduce a period of imprisonment
Drinking alcoholic beverages while driving or riding /N/A/$200 fine, first offense; $250 fine, second offense /N/A/N/A
Drinking alcoholic beverages while driving or riding(second offense) /N/A/$250 fine/N/A/10 days CS
Driving on DUI suspension/Additional 1-2 years4/$500 fine; $250 per yr for 3 years surcharge/10-90 days/N/A
Driving with no insurance (first offense)/1 year/$300-$1000 fine; $250 per yr for 3 years surcharge/N/A/CS determined by court
Driving with no insurance (second offense)/2 years/Up to $5000 fine; $250 per year for 3 years surcharge/14 days/30 days CS
Driving with possessing drugs/2 years/Min. $50 fine/N/A/N/A
1 Underage drinking may cause a six-month delay to get a license.
2 Intoxicated Driver Resource Center.
3 Driving under the influence (DUI). Alcohol- and drug-related offenses require completion of an alcohol screening and evaluation program.
4 Also suspends registrations for the same period.
The courts may require DUI offenders to use ignition interlock devices on their motor vehicles. An interlock device (see below) is attached to a motor vehicle to prevent it from being started when the alcohol level of the motorists breath exceeds a predetermined amount. The interlock requirement is in addition to any other penalty required under the states drunk driving statute. Installation is for six months to three years, beginning when the motorists driver license has been restored following suspension.