2B:12-31 Suspension of driving privileges.

417 words·~2 min read·/nj/title-2b/chapter-12/2b-12-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Suspension of driving privileges.

(1)If a defendant charged with a disorderly persons offense, a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State for which a penalty may be imposed fails to appear at any scheduled court proceeding after written notice has been given to said defendant pursuant to the Rules of Court, a municipal court may order the suspension of the person's driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of, except by dismissal for failure of defendant to appear.

(2)If a defendant sentenced to pay a fine or costs, make restitution, perform community service, serve a term of probation, or do any other act as a condition of that sentence fails to do so, a municipal court may order the suspension of the person's driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the terms and conditions of the sentence have been performed or modified.

b. Prior to any action being taken pursuant to the provisions of this section, the defendant shall be given notice of the proposed action and afforded an opportunity to appear before the court to contest the validity of the proposed action.

c. The municipal court shall notify the New Jersey Motor Vehicle Commission of any action taken pursuant to the provisions of this section.

d. Any action taken by a municipal court pursuant to this section shall be in addition to any other remedies which are available to the court and in addition to any other penalties which may be imposed by the court.

(1)When a defendant whose license has been suspended pursuant to subsection a. of this section satisfies the requirements of that subsection, the municipal court shall forward to the New Jersey Motor Vehicle Commission a notice to restore the defendant's driving privileges.

(2)There shall be included in the fines and penalties imposed by a court on a defendant whose license has been suspended pursuant to subsection a. of this section, the following:

(a)A fee of $3.00 which shall be transferred to the New Jersey Motor Vehicle Commission;

(b)A penalty of $10.00 for the issuance of the failure to appear notice; and

(c)A penalty of $15.00 for the order of suspension of defendant's driving privileges.

repealed 2019, c.276, s.20; amended 2021, c.16, s.63.