39:9-4. Violations of chapter; punishment; enforcement; remedies; procedure; revocation of certificate
400 words·~2 min read·
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Any person violating any provision of this chapter shall, upon summary conviction by a court of competent jurisdiction, be sentenced to pay a fine of $25.00 for the first offense and, in default of payment thereof, shall undergo imprisonment for not more than five days; and for each subsequent violation shall be sentenced to pay a fine of $50.00 and, in default of such payment, shall undergo imprisonment for not more than 10 days.
The provisions of this chapter shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this chapter:
a. The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in "the penalty enforcement law" ;
b. The complaint in any such proceeding may be made on information and belief by the director or any police or peace officer of any municipality, any county or the State;
c. A warrant may issue in lieu of summons;
d. Any police or peace officer shall be empowered to serve and execute process in any such proceeding;
e. The hearing in any such proceeding shall be without a jury;
f. Any such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey;
g. Any sums received in payment of any fines imposed in any such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him into the State treasury;
h. The director or judge before whom any hearing under this chapter is had may revoke the license of any person to drive a motor vehicle or the registration certificate of any motor vehicle owned by any person, when such person shall have been guilty of such willful violation of any of the provisions of this chapter as shall in the discretion of the director or judge justify such revocation.
Amended by L.1954, c. 76, p. 446, s. 1; L.1956, c. 51, p. 102, s. 2; L.1983, c. 403, s. 29, eff. Dec. 23, 1983.