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Chapter 7

Driving Privileges & Penalties. Chapter 7. “Driving is a privilege, not a right”. Losing the Driving Privileges. If you lose your license for a drunk driving conviction or any other violation: You cannot drive for any reason until the period of suspension ends and your license is restored.

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Chapter 7

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  1. Driving Privileges & Penalties Chapter 7

  2. “Driving is a privilege, not a right”

  3. Losing the Driving Privileges • If you lose your license for a drunk driving conviction or any other violation: • You cannot drive for any reason until the period of suspension ends and your license is restored. • A Habitual Offender is a driver whose license has been suspended 3 times in 3 years. • ** Depending on your driving history of traffic violations, a suspension revocation of driving privileges could occur.

  4. Reasons for loss of driving privileges may include, but is not limited to the following: • Failure to appear in court or to pay fines • Failure to pay surcharges • Driving while suspended • Failure to provide proof of insurance • Physical or mental disqualification • Drug or alcohol use • Repeated traffic law violations • Reckless driving • Vehicle abandonment on a public highway • At fault in a fatal accident

  5. Drinking and Driving • Under 21 years old with a BAC above .01 while operating a vehicle will be penalized!! • As of January 5 2004, .08 BAC is considered driving under the influence for motorists 21 years or older. • Simple Plan Video

  6. Mandatory Penalties • 21 years or older with a BAC of .08% but less than .10% First Offense only: • 3 month driving privilege suspension • $250 to $400 fine • IDRC (Intoxicated Driver Resource Center)-An alcohol education and highway safety program which may last up to 16 weeks. • $1,000 annual surcharge for 3 years

  7. Mandatory Penalties; continued • First Offense for: • 21 years or older with a BAC of more than .10% • 7 month to 1 year license suspension • $300-$500 fine • IDRC fee; $230/day • $1,000 annual surcharge for 3 years

  8. If you are under 21: • First offense: BAC .01% or more but less than .08% • 30-90 day suspension of driving privilege • 15-30 days community service • IDRC

  9. Breath Tests • NJ has a Implied Consent Law • means that the drivers on NJ roads have agreed, just by using the NJ roads, to submit a breath test given by the law of hospital. • Motorist refusing to take breath test • Are subject to a MVC insurance surcharge of $1,000/year for 3 years. • If you refuse: it is equivalent to driving with a BAC of .10% for a 1st time offense. • *IDRC (Intoxicated Driver Resource Center) • ***DWI Video

  10. Driver Programs • Driver Improvement Program- Motorists accumulating between 12-14 points in more than a 24 month period will receive a “Notice of Scheduled Suspension” by mail from MV • After receiving the notice, you can: • Attend a NJ driver improvement program; completion will result in 3 points removed • Request a hearing • Surrender the driver license for the suspension period

  11. Defensive Driving Courses • Most road collisions are caused by motorist error. • They teach collision prevention techniques. • When completed: • 2 points removed from license • Insurance rate reduction • Only recognized once every 5 years

  12. Probationary Driver Program • Two-year probationary driver period after you receive a special learner’s or examination permit. • Probationary Driver School Program- Must enroll if you are convicted of 2 or more moving violations totaling 4 or more points. • Corrects improper and dangerous driving habits. • Completion will result in a 3 point reduction

  13. The Point System • MV (motor vehicle) keeps track of individual driving records through a point system that assigns a point value to each traffic violation. • The more serious the violation the more points. • 2 points will be added to driving records for offenses committed out of state. • Up to 3 point will be subtracted from driving records every 12 consecutive month a driver is “clean” • Points can never go below zero

  14. Moving Violations-Point Values • Tailgating • Reckless • Exceeding max speed limit- 1-14 miles over • Exceeding max speed limit- 15-29 miles over • Passing a stopped school bus • Leaving the scene of an accident ( with injuries) • 5 Points • 5 Points • 2 points • 4 Points • 5 points • 8 Points

  15. If you lose your license, NJ does not allow special work licenses! • Driving is not permitted for any reason until the period of suspension ends & the motorist receives a notice of restoration.

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