HOLMDEL — A County DWI task force will execute a roadblock and/or checkpoint tonight to determine if drivers are operating under the influence of alcohol or drugs. The checkpoint will be conducted from 11:)0 p.m. tonight through 3:00 a.m. Saturday along Route 35 South. Memebers from the task force and police from Holmdel will steer vehicles from the southbound lanes into the Dearborn Farms and Garden Center parking lot to determine drivers' sobriety.
LAKEHURST, NJ: A resident of Toms River was arrested and charged with N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2, which are possession of less than 50 grams of marijuana and possession of paraphernalia after being stopped for an equipment violation due to a broken tail light early Thursday morning along Route 70.
Police said the man was pulled over by Ptl. Jeffrey Emmons at 1:35 a.m. As the officer approached the car he smelled burnt marijuana. Under search and seizure law, if the tail light was broken, the cops had a reasonable and articulable suspicion to stop his vehicle for an equipment infraction. Thereafter, there was probable cause to search the vehicle under the "plain smell" doctrine. However, to truly determine if the search and finding of the marijuana was valid, one would have to view the police reports. If there is an issue with the legality of the search, the man can file a Notice of Motion to Suppress Evidence.
Wall- Police officers arrested a Wall resident, age 32, on Tuesday for N.J.S.A. 2C:35-10, possession less than 50 grams of marijuana and N.J.S.A. 2C:36-2 drug paraphernalia. Police arrested the man at around 2:00 a.m. on Tuesday morning. The police allegedly were responding to a report of a suspicious person on or about 18th Avenue. The article was unclear as to how the police found the marijuana and paraphernalia. As set forth in the illegal search category of this blog, if the stop was not based upon a reasonable and articulable suspicion and there was no probable cause to search the individual or his property, the Wall resident could have the drugs and paraphernalia suppressed in court.
As promised in a previous DWI post, the following DWI Penalty chart provides an accused with an idea as to the penalties they are facing under N.J.S.A. 39:4-50. However, if you have a commercial driver's license (CDL) or have been charged with driving in a school zone, you should be advised that there are additional signifcant penalties and you should contact an attorney at once.
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PENALTIES FOR DWI UNDER N.J.S.A. 39:4-50 as of 6/11/08 Does Not Include the Penalties for School Zone Offenses |
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DWI 39:4-50 Operate or Allowing |
1st Offense Per Se Alcotest or Breathalyser Reading of 0.08% but < 0.10% alcohol while operating or allowing operation N.J.S.A. 39:4-50(a)(1)(i) |
1st Offense Per Se Alcotest or Breathalyser Reading of 0.10 % alcohol or operating under the influence of drugs at any intoxicating level N.J.S.A. 39:4-50 (a)(1)(ii) |
2nd Offense Within 10 years of any previous violations of DWI in NJ or any State in the U.S.A. N.J.S.A. 39:4-50(a)(2) |
3rd or Subsequent Offense Within 10 years of of any previous violations of DWI in NJ or any State in the U.S.A. N.J.S.A. 39:4-50 |
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Fines |
$250-$400 |
$300-$500 |
$500-$1000 |
$1000 |
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Jail |
Up to 30 days in jail at the discretion of the Judge |
Up to 30 days in jail at the discretion of the Judge |
From 2 to 90 days in jail |
Jail for not less than 180 days; however, the Judge may reduce such term for each day served in an IDRC approved in-patient rehab center. However, you can only get a maximum 90 days of jail time credit this way |
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Driver's License Supended or Revoked |
3 months driver's license suspension |
7months to 1 year driver's license suspension |
2 year suspension of driver's license |
10 year suspension of driver's license |
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Driver's License Suspened or Revoked Under 17 years old |
Suspension to run through 17th birthday & thereafter for 3 months |
Suspension to run through 17th birthday & thereafter for 7 months to 1 year |
Suspension to run through 17th birthday & thereafter two years |
Suspension to run through 17th birthday & thereafter ten years |
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Other $ Penalties |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41 |
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Other Non $ Penalties |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per N.J.S.A. 39:4-50(h) |
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Community Service |
No community service for a 1st . offense |
No community service for a 1st. offense |
Shall serve 30 days Community service |
No community service for a 3rd or subsequent offense |
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Intoicated Drivers Resource Center |
12 to 48 hours at IDRC & satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
12 to 48 hours at IDRC & satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed. |
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Ignition Interlock Device or Suspended Registration |
Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense. |
Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense. |
Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 2 years per N.J.S.A. 39:3-40.1. |
Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 10 years per N.J.S.A. 39:3-40.1. |
The Asbury Park Press has reported that the DWI task force will be out in force tonight in West Long Branch. Specifically, the DWI task force will have a checkpoint tonight to apprehend drivers who are DWI (N.J.S.A. 39:4-50-driving under the influence of alcohol or drugs). The time that the checkpoint will be in effect is from 11 p.m. today through 3 a.m. Saturday on Route 36 westbound. Members of the DWI task force and local police officers will direct vehicles from the westbound side of the highway into the Monmouth Park Corporate Center parking lot to determine whether drivers are driving while intoxicated.
Please remember not to drive while intoxicated. Remember, it is cheaper to take a taxi than it is to deal with the consequences of a DWI. Everyone have a safe and fun Holiday weekend and remember to thank a Veteran.
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