NJSA 39:5-25

39:5-25.     Arrest without warrant 
    39:5-25.  Any law enforcement officer may, without a warrant, arrest any person violating in his presence any provision of chapter 3 of this Title, or any person, other than a motorman or person having control of a street car or auto bus, running upon a route approved by the Board of Public Utilities, violating in his presence any provision of chapter 4 of this Title.  A law enforcement officer may arrest without a warrant any person who the officer has probable cause to believe has operated a motor vehicle in violation of R.S.39:4-50 or section 5 of P.L. 1990, c. 103 (C.39:3-10.13), regardless of whether the suspected violation occurs in the officer's presence.  The exemption from arrest of a motorman or person having control of a street car or auto bus, as conferred herein, shall not operate to prevent his arrest, however, for a violation of R.S.39:4-50.  The arresting officer shall bring any person so arrested before any judge of the municipal court of the municipality wherein the offense is committed, or before the director at any place designated as his office.  If the arrest is for a violation of R.S.39:4-50, the arresting officer may, if no judge, clerk or deputy clerk is available, detain the person arrested, either in any police station, lockup or other place maintained by any municipality for the detention of offenders or in the common jail of the county, for such reasonable time as will permit the arresting officer to obtain a warrant for the offender's further detention, which temporary detention shall not exceed 24 hours from the time of the arrest.  If the arrest is for a violation of any other provision of this subtitle, the person arrested shall be detained in the police station or municipal court until the arresting officer makes a complaint and a warrant issues. 

   Any law enforcement officer may, instead of arresting an offender as herein provided, serve upon him a summons. 

   Amended 1940,c.139; 1953,c.36,s.26; 1983,c.403,s.22; 1983,c.563; 1994,c.184,s.4. 
 
NJSA 39:5-25.1

39:5-25.1   Summons, identification of motorist as holder of commercial driver license.
 11.  Upon issuance of a summons or complaint charging a motorist with any violation, other than a parking violation, under Title 39 of the Revised Statutes, a law enforcement officer shall identify on the face of the summons or complaint, whether the motorist is a holder of a commercial driver license.

 L.2005,c.147,s.11.
 
NJSA 39:5-27.

39:5-27.   License exhibited to magistrate upon arrest
    Any driver arrested for a violation of any provision of this subtitle shall,  on demand of the magistrate hearing the complaint against him, produce his  license for inspection.  If he fails to produce his license or to give satisfactory excuse for its nonproduction, he shall, in addition to any other penalties imposed by the magistrate, be subject to a fine of not more than twenty-five dollars.
 
NJSA 39:5-28.

39:5-28.   Validity, service and effect of summons or warrant and arrest thereon in county other than where issued
    A summons or warrant issued by a magistrate under this chapter shall be valid throughout the State.  An officer who may serve the summons or warrant and make arrest on the warrant in the county in which it was issued may also serve the summons or warrant and make arrest on the warrant in any county of the State.

     Amended by L.1953, c. 36, p. 623, s. 28.
 
NJSA 39:5-30

39:5-30   Suspension, revocation of registration, license certificates.

 39:5-30. a. Every registration certificate, every license certificate, every privilege to drive motor vehicles, including commercial motor vehicles as defined in P.L.1990, c.103 (C.39:3-10.9 et al.), every endorsement, class of license, and commercial driver 's license, may be suspended or revoked, and any person may be prohibited from obtaining a driver's license or a registration certificate, or disqualified from obtaining any class of or endorsement on a commercial driver's license, and the reciprocity privilege of any nonresident may be suspended or revoked by the director for a violation of any of the provisions of this Title or on any other reasonable grounds, after due notice in writing of such proposed suspension, revocation, disqualification or prohibition and the ground thereof.

 He may also summon witnesses to appear before him at his office or at any other place he designates, to give testimony in a hearing which he holds looking toward a revocation of a license or registration certificate issued by or under his authority.  The summons shall be served at least five days before the return date, either by registered mail or personal service. A person who fails to obey the summons shall be subject to a penalty not exceeding $100.00, to be recovered with costs in an action at law, prosecuted by the Attorney General, and in addition the vehicle registration or driver's license, or both, as the case may be, shall forthwith be revoked.  The fee for witnesses required to attend before the director shall be $1.00 for each day's attendance and $0.03 for every mile of travel by the nearest generally traveled route in going to and from the place where the attendance of the witness is required.  These fees shall be paid when the witness is excused from further attendance, and the disbursements made from payment of the fees shall be audited and paid in the manner provided for expenses of the department. The actual conduct of said hearing may be delegated by the director to such departmental employees as he may designate, in which case the said employees shall recommend to the director in writing whether the said licenses or certificates shall or shall not be suspended or revoked.

 b. Whenever a matter is presented to the director involving an alleged violation of

 (1) R.S.39:4-98, where an excess of 20 miles per hour over the authorized speed limit is alleged, and which has resulted in the death of another;

 (2) R.S.39:4-50, and which has resulted in the death of another;

 (3) R.S.39:4-96, and which has resulted in the death of another; or

 (4) R.S.39:4-129, wherein the death of another has occurred, and the director has not determined to immediately issue a preliminary suspension pursuant to subsection e. of this section, the director shall issue a notice of proposed final suspension or revocation of any license certificate or any nonresident reciprocity privilege to operate any motor vehicle or motorized bicycle held by the individual charged or temporary order prohibiting the individual from obtaining any license to operate any motor vehicle or motorized bicycle in this State.

 In the notice, the director shall provide the individual charged with an opportunity for a plenary hearing to contest the proposed final suspension, revocation or other final agency action.  Unless the division receives, no later than the 10th day from the date the notice was mailed, a written request for hearing, the proposed final agency action shall take effect on the date specified in the notice.

 Upon receipt of a timely request for a plenary hearing, a preliminary hearing shall be held by an administrative law judge within 15 days of the receipt of the request.  The preliminary hearing shall be for the purpose of determining whether, pending a plenary hearing on the proposed final agency action, a preliminary suspension shall be immediately issued by the judge. Adjournment of such hearing upon motion by the individual charged shall be given only for good cause shown.

 At the preliminary hearing, the parties shall proceed on the papers submitted to the judge, including the summons, the police reports and the charged individual's prior driving record submitted by the division, and any brief affidavits permitted by the judge from persons who shall be witnesses at the plenary hearing, and the parties may present oral argument.  Based on the papers, on any oral argument, on the individual's prior driving record, and on the circumstances of the alleged violation presented in the papers, the judge shall determine whether the individual was properly charged with a violation of the law and a death occurred; and, if so, whether in the interest of public safety, a preliminary suspension shall be immediately ordered pending the plenary hearing on the proposed suspension or revocation.  The administrative law judge shall transmit his findings to the director.

 A plenary hearing shall be held no later than the 45th day following the preliminary hearing.  Adjournment of the hearing shall be given only for good cause shown.  If the hearing is otherwise postponed or delayed solely at the instance of the individual charged, the administrative law judge shall immediately issue a preliminary suspension of any license certificate or any nonresident reciprocity privilege held by the individual charged, or if any such preliminary suspension or order is in effect, he shall continue such suspension or order.  Such preliminary suspension or temporary order shall remain in effect pending a final agency decision on the matter.  If the hearing is otherwise postponed or delayed at the instance of anyone other than the individual charged, the judge shall immediately issue an order restoring the individual's license certificate or any nonresident reciprocity privilege pending final agency decision in the matter. The period of any preliminary suspension imposed under this section shall be deducted from any suspension imposed by the final agency decision in the matter.

 c. Whenever any other matter is presented to the director involving an alleged violation of this title, wherein the death of another occurred and for which he determines immediate action is warranted, he may proceed in the manner prescribed in subsection b. above.

 d. Whenever a fatal accident occurs in this State, an investigation of the incident, whether performed by the State Police or by local police, shall be completed and forwarded to the director within 72 hours of the time of the accident.

 e. Whenever a matter is presented to the director involving an alleged violation of

 (1) R.S.39:4-98, where an excess of 20 miles per hour over the authorized speed limit is alleged, and which has resulted in the death or serious bodily injury of another;

 (2) R.S.39:4-50, which has resulted in the death or serious bodily injury of another;

 (3) R.S.39:4-96 or R.S.39:4-97, which has resulted in the death or serious bodily injury of another; or

 (4) R.S.39:4-129, wherein the death or serious bodily injury of another has occurred, the director for good cause may, without hearing, immediately issue a preliminary suspension of any license certificate or any nonresident reciprocity privilege to operate any motor vehicle or motorized bicycle held by an individual charged or temporary order prohibiting the individual from obtaining any license to operate any motor vehicle or motorized bicycle in this State.  For purposes of this subsection, "serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.  Along with the notice of preliminary suspension, the director shall issue a notice of proposed final suspension, revocation or other final agency action, and shall afford the individual the right to a preliminary hearing to contest the preliminary suspension and a plenary hearing to contest the proposed final agency action.

 The preliminary suspension shall remain in effect pending a final agency decision on the proposed final agency action, unless a request for a preliminary hearing is received by the division no later than the 10th day from the date on which the notice was mailed.  The proposed final agency action shall take effect on the date specified in the notice unless a request for a plenary hearing is received by the division no later than the 10th day from the date on which the notice was mailed. 

 Upon timely request by the individual, a preliminary hearing shall be held by an administrative law judge, no later than the 15th day from the date on which the division receives the request.  The preliminary hearing shall be for the purpose of determining whether, pending a final agency decision on the matter, the preliminary suspension issued by the director shall remain in effect.  Adjournment of the hearing shall be given only for good cause shown. If the preliminary hearing is otherwise postponed or delayed solely at the instance of someone other than the individual charged, the judge shall immediately order that the individual's license certificate or any nonresident reciprocity privilege be restored pending the rescheduled preliminary hearing.

 At the preliminary hearing, the parties shall proceed on the papers submitted to the judge, including the summons, the police reports and the charged individual's prior driving record submitted by the division, and any brief affidavits permitted by the judge from persons who shall be witnesses at the final hearing, and the parties may present oral arguments.  Based on the papers, on any oral argument, on the individual's prior driving record, and on the circumstances of the alleged violation presented in the papers, the judge shall immediately determine whether the individual was properly charged with a violation of the law and a death occurred; and, if so, whether in the interest of public safety, the preliminary suspension shall be continued pending the final agency decision on the matter.  The administrative law judge shall transmit his findings to the director.

 Any plenary hearing to contest the proposed final agency action shall conform to the requirements for a plenary hearing contained in subsection b. of this section.

 f. In addition to any other final agency action, the director shall require any person whose privileges to operate a motor vehicle or motorized bicycle are suspended or who has been prohibited from obtaining a license, pursuant to this section, to be reexamined to determine the person's ability to operate a motor vehicle or motorized bicycle, prior to regaining or obtaining any driving privileges in this State.

 Any determination resulting from any preliminary or plenary hearing held pursuant to subsection b., c., or e. of this section shall not be admissible at any criminal or quasi-criminal proceedings on the alleged violation or violations.

 g. In addition to any other requirements imposed by statute or regulation, as a condition for the restoration of a revoked or suspended license issued under the provisions of the "New Jersey Commercial Driver License Act," P.L.1990, c.103 (C.39:3-10.9 et seq.), the person whose commercial driving privileges are revoked or suspended shall successfully complete a commercial driver improvement program.  The director, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations prescribing the scope and content of the program, the qualifications of third parties that may offer a commercial driver improvement program, a fee schedule for persons attending a commercial driver improvement program and such other matters as the director may deem appropriate and necessary.  The successful completion of a commercial driver improvement program pursuant to this subsection shall not entitle a person to any reduction in the points assessed and recorded under P.L.1982, c.43 (C.39:5-30.5 et seq.).  In addition, the director may also require a person holding a commercial driver's license pursuant to P.L.1990, c.103 (C.39:3-10.9 et seq.) who receives 12 or more points during a 24-month period to complete a commercial driver improvement program successfully or face full suspension of the commercial driver's license driving privilege.

 Amended 1939, c.216, s.2; 1945, c.256; 1979, c.463, s.2; 1982, c.43, s.8; 1990, c.103, s.33; 2003, c.131, s.3.
 
NJSA 39:5-30a.

39:5-30a.   Habitual offender defined
    As used in this act:

     "Habitual offender"  means a person who has his license to operate a motor  vehicle suspended three times for violations occurring within a 3-year period.

     L.1982, c. 85, s. 1, eff. Oct. 1, 1982.
 
NJSA 39:5-30b.

39:5-30b.   Suspension of license;  period of time;  notice;  hearing
    The director may suspend for a period of no more than 3 years, the license to operate a motor vehicle of any person who, within a period of 3 years, commits motor vehicle violations, other than a violation of section 2 of P.L.1972, c. 197 (C. 39:6B-2), which ultimately result in the licensee having his license suspended three times.  Where any given suspension is based on an accumulation of points involving more than one conviction for violations, the period of suspension shall be calculated from the date of commission of the latest violation.

    The proposed notice of suspension shall be mailed to the licensee at his last address of record with the Division of Motor Vehicles and shall clearly state the reason for the suspension.  The suspension shall become effective 15 days from the date of the mailing of the notice unless the director for cause establishes another date for commencement of the suspension, or the licensee notifies the director in writing within 10 days of the mailing of the notice of  his intention to personally appear at a hearing to challenge the suspension.

    The administrative law judge presiding at a hearing held pursuant to this section shall only consider evidence of the actual number of suspensions and the time period during which the violations leading to the suspensions were committed in issuing a suspension for the period provided for by this act.  He may admit evidence relevant to the circumstances set out in section 3 of this act in considering the appropriateness of any portion of in excess of the 3 year period suspension issued.

    Any person who fails without reasonable cause to appear at a hearing provided for by this section shall have his license to operate a motor vehicle suspended forthwith by the director for a fixed minimum period of 3 years.

     L.1982, c. 85, s. 2, eff. Oct. 1, 1982.
 
NJSA 39:5-30c

39:5-30c.  Maximum suspension period;  circumstances determining
    In determining the appropriateness of issuing a suspension for the maximum period of 3 years established by this act, the director may consider the following circumstances:

    a.  The latest offense was of such a nature that it evinced an unreasonable  disregard by the licensee for the safety and welfare of himself or others;

    b.  The number and seriousness of the offenses contained in the prior driving record of the licensee evince a pattern or patterns of unreasonable disregard by the licensee for the safety and welfare of himself or others;

    c.  The nature and extent of the driving record of the licensee establish a  substantial risk that licensee will commit another offense.

     L.1982, c. 85, s. 3, eff. Oct. 1, 1982.
 
NJSA 39:5-30d.

39:5-30d.   Concurrent suspension;  application for reinstatement
   A suspension issued pursuant to this act shall not run concurrently with any  other suspension issued pursuant to law.  A licensee may apply to the director  for reinstatement of his license following the period of suspension issued.

     L.1982, c. 85, s. 4, eff. Oct. 1, 1982.
 
NJSA 39:5-30e.

39:5-30e.   Operation of motor vehicle during suspension;  fine and imprisonment
    Unless otherwise provided, an habitual offender convicted of operating a motor vehicle or motorized bicycle, while suspended pursuant to this act, shall  pay a fine of $1,000.00 and may be sentenced to a term of imprisonment in a  county jail, penitentiary, or workhouse, as the case may be, for a period of 30  days, provided, however, that if the habitual offender is involved in an  accident resulting in bodily injury to another, he shall, in addition to the  fine, be sentenced to a term of imprisonment for not less than 45 days.

     L.1982, c. 85, s. 5, eff. Oct. 1, 1982.
 
NJSA 39:5-30.1.

39:5-30.1.   Suspension or revocation of driver's license where reciprocity driving privilege is suspended or revoked in another state
    Whenever the reciprocity driving privilege of any New Jersey resident is suspended or revoked by lawful authority in another State upon a conviction of a violation of the Motor Vehicle Act of such State and the report of such conviction is transmitted by the motor vehicle administrator of such State to the Director of the Division of Motor Vehicles of this State pursuant to any law providing for reciprocal exchange thereof, the director may suspend or revoke the driving privilege of such resident in this State, in the manner prescribed by section 39:5-30 of the Revised Statutes, for a period not less than that for which the reciprocity driving privilege was suspended or revoked in such other State nor more than the period for which the driving privilege would have been suspended or revoked had a conviction of a like offense occurred in this State.

     L.1953, c. 429, p. 2164, s. 1.  Amended by L.1957, c. 71, p. 138, s. 1.
 
NJSA 39:5-30.2.

39:5-30.2.   Review by director;  school attendance in lieu of suspension
   Any moving violation of the motor vehicle law which carries with it a penalty of suspension or revocation of a driver's license may, after the effective date of this act, be subject to review by the director.  The director, in his discretion, may permit a driver subject to suspension or revocation to elect to attend a Division of Motor Vehicles Driver Improvement Program in lieu of all or part of a period of suspension.  This discretionary authority shall not apply to those sections of the motor vehicle law which require the imposition of a mandatory suspension term.

     L.1969, c. 261, s. 1, eff. Jan. 8, 1970.  Amended by L.1977, c. 27, s. 1, eff.  Feb. 24, 1977.
 
NJSA 39:5-30.4. 

39:5-30.4.     Driver Improvement Program; fee 
    1.   Persons attending a Division of Motor Vehicles Driver Improvement Program shall pay such fee therefor not to exceed $100, as prescribed in regulations promulgated by the director.  The driver's license of any person failing to pay the prescribed fee shall be subject to suspension or revocation. 

   L.1972,c.38,s.1; amended 1977,c.27,s.3; 1982,c.53,s.9; 1994,c.60,s.24. 
 
NJSA 39:5-30.5.

39:5-30.5.   Penalty points;  rules and regulations;  authority to adopt
    The Director of the Division of Motor Vehicles shall have the authority, pursuant to the  "Administrative Procedure Act,"  P.L.1968, c. 410 (C. 52:14B-1  et seq.), to continue to adopt rules and regulations to determine the motor  vehicle offenses for which penalty points may be assessed under this act, and  the amount of points to be assessed for each offense and to adopt rules and  regulations to determine the motorized bicycle offenses for which penalty  points may be assessed and the number of points to be assessed for each  offense.

     L.1982, c. 43, s. 1.  Amended by L.1983, c. 105, s. 8.
 
NJSA 39:5-30.5a.

39:5-30.5a.   Assessment of points
    a.   The director shall, in establishing a motor vehicle point system, pursuant to section 1 of P.L. 1982, c. 43 (C. 39:5-30.5), include in that system a schedule of points to be assessed against a person operating a motor vehicle, except a motor vehicle operated for emergency purposes by a fire department or ambulance or rescue squad, in a manner which causes the destruction of agricultural crops, fences, fields or other agricultural or recreational property.  "Recreational property" means any public or private property used as a golf course, park, or other similar purpose.

   b.   A person who operates a motor vehicle in the manner described in subsection a. of this section, who is not a licensed driver of this State at the time of the violation, shall have the points established pursuant to this section assessed against his record upon being issued a license to operate a motor vehicle in this State.

   L. 1985, c. 154, s. 2, eff. April 25, 1985.
 
NJSA 39:5-30.6.

39:5-30.6.   Penalty points;  assessment;  record
    The court shall assess points at the time of conviction for any offense committed in this State, and the Director of the Division of Motor Vehicles in the Department of Law and Public Safety shall, upon receiving notice, assess points for any conviction occurring in another jurisdiction.  The court shall transmit a record of all points assessed, along with the record of conviction to the director.  The director shall maintain records of all points assessed in  a manner which he shall prescribe.  In addition to any requirements the director may prescribe, the record shall include the respective dates of commission and conviction of the offense or offenses.

     L.1982, c. 43, s. 2.
 
NJSA 39:5-30.7.

39:5-30.7.   Accumulated points;  notification
    Whenever a licensee has accumulated six or more points, the director shall notify him at his last address of record with the Division of Motor Vehicles of  the number of points he has been assessed and the general nature and effect of  the point system.

     L.1982, c. 43, s. 3.
 
NJSA 39:5-30.8.

39:5-30.8.   Suspension of license;  accumulated points;  notice; effective date;  hearing;  failure to appear
   Except for good cause, the director shall suspend for a period of no less than 30 days and no more than 180 days, except as provided in section 6 of this  act, the license to operate a motor vehicle of any person who accumulates

    a.  12 or more points in a period of 2 years or less, or

     b.  15 or more points in a period greater than 2 years, or

     c.  at least 12 points but fewer than 15 points in a period greater than 2 years, unless the licensee notifies the division in writing within 10 days of the date of mailing of the proposed notice of suspension of his intention to attend a driver improvement course that is approved by the director, and satisfactorily completes such course.

    The proposed notice of suspension shall be mailed to the licensee at his last address of record with the Division of Motor Vehicles and shall clearly state the length of the suspension, the reason for the suspension and that the licensee has a right to be heard on the suspension.

    The suspension shall become effective 15 days from the date of the mailing of the notice unless the director for cause establishes another date for commencement of the suspension, or the licensee notifies the director in writing within 10 days of the mailing of the notice of his intention to personally appear at a hearing to challenge the suspension.

    The administrative law judge presiding at a hearing held pursuant to this section shall only consider evidence of the actual number of points assessed and the period of time during which such points were accumulated, taking into consideration any point reduction credits earned by the licensee, in issuing a suspension.  He may consider other relevant evidence in considering the appropriateness of any portion of a suspension issued in excess of 30 days.

    Any person who fails without reasonable cause to appear at a hearing provided for by this section, or who fails to satisfactorily complete the approved driver improvement course, as the case may be, shall have his license to operate a motor vehicle suspended forthwith by the director for the period contained in the proposed notice of suspension.

     L.1982, c. 43, s. 4.