Changes to Driving on the Revoked List Signed into Law – NJSA 3:3-40

The governor has signed into law a series of amendments to the driving on the revoked list statute, NJSA 39:3-40. Among the changes to the statute are the following:
# Clarifies that a second offender must serve at least one day in jail;
# Clarifies that the penalties required to be imposed when a person drives on the revoked list as a result of a suspension imposed for drunk driving, driving without insurance and other specific causes are in addition to the standard penalties included in the law. This amendment conforms the statute to Judge King’s decision in State v. Wrotny, 221 N.J. Super. 226 (App. Div. 1987) and legislatively overrules the Law Division decision in State v. Rought, 221 N.J. Super. 42 (Law Div. 1987);
# Creates a new penalty of a maximum $100 fine for people who are on the revoked list as a result of falling behind with a time payment order, provided the defendant becomes current on the payment schedule that triggered the license suspension. The statute is unclear as to whether the concept of “time payment order” is limited to fines and other court imposed sanctions or also includes past-due child support;
# Continues the maximum $100 fine for defendants who were suspended for parking tickets and who can demonstrate in court that all the parking tickets that caused the suspension have been paid.
# Makes technical changes to reflect the creation of the Motor Vehicle Commission in place of the former Division of Motor Vehicles.

Certain ambiguities remain under the statute, including the question as to whether the maximum $100 fine mentioned above is the sole penalty in these cases or simply a cap on the fine with all the other normal sanctions and other sentencing enhancements still required to be imposed.

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