New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

New Jersey Motor Vehicle Commission (NJ MVC) Points

          We have all heard, either through a driver's education class or by the angry police officer standing next to our car, that "driving isn't a right, it is a privilege." If you are found guilty or pled guilty to a traffic infraction (such as speeding, reckless driving, driving without insurance, DWI or while suspended, etc.), your privilege to drive may be revoked or suspended. This will result in fines, yearly surcharges, increases in your car insurance premiums and even jail. The severity of your actions are patrolled by the MVC using a point system. When you are convicted of certain moving violations, MVC will punish you by adding points to your driving history or abstract. As a general rule, you only get points on your record for moving violations.

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        A New Jersey Driving While Intoxicated (DWI) charge has serious consequences for a person who has pled guilty or been found guilty of  DWI. These consequences can result in fines, surcharges, community service, loss of  your driving privileges and incarceration. If you have been charged with a DWI, you should consult with an attorney to be educated about your rights and defenses. There are many ways to successfully defend a DWI (N.J.S.A. 39:4-50) charge in New Jersey. The following are examples of possible defenses to your DWI charge.

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The Motor Vehicle Commission (MVC) has stated that they have reached an agreement to enter a partnership with two organizations that will offer on-line defensive driving courses to New Jersey drivers. Under the current state of New Jersey law, a driver who successfully completes a defensive driving course is entitled to a two-point reduction in his or her point total. The point reduction can only be awarded once every five years following the completion of the defensive driving course.

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In State v. Jane H. Chun, the state Supreme Court on March 17, 2008 ruled that the Alcotest 7110 breath test used by police throughout the state is scientifically reliable.

Since Jan. 10, 2006, an order known as the "Chun stay" has allowed people who entered guilty pleas to driving while intoxicated to hold onto their driver's licenses pending the high court's exhaustive review of the Alcotest.

The ruling, which stems from a case by 28 defendants in Middlesex County, will allow roughly 10,000 drunken driving cases in New Jersey to move forward.

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