Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Sunday, January 31, 2010

New Law Gives Mandatory Jail for Certain Drunks who Drive While Suspended.

The statute creates criminal penalties for persons whose driver's licenses are suspended for certain drunk driving offenses and who, while under suspension for those offenses, unlawfully operate a motor vehicle.

It will be a crime of the fourth degree to operate a motor vehicle during a period of driver's license suspension if the person's driver's license was suspended or revoked for a first offense of driving while intoxicated or refusal to submit to a breath test, and the person had previously been convicted of operating a motor vehicle while under suspension for that first offense.

It is a crime of the fourth degree to operate a motor vehicle during a period of license suspension if the person's license was suspended or revoked for a second or subsequent offense of driving while intoxicated or refusal to submit to a breath test.

A person convicted of violating the law's provisions is to be sentenced to a term of imprisonment which would include a six-month period of parole ineligibility.

The effective date is 18 months to permit the Motor Vehicle Commission to make modifications to its computer system.

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