Title 39, Title 39: MOTOR VEHICLES AND TRAFFIC REGULATION

39:4-49.3. Exemption; common carriers, warehousemen, etc. The provisions of section 1 of this act shall not apply to common carriers or to warehousemen while engaged in lawfully transporting or storing such drugs or to any employee of the same acting within the scope of his emplo…

39:4-50 Driving while intoxicated. 39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weig…

39:4-50.10. "Victim" defined As used in this act, "victim" means, unless otherwise indicated, a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a motor vehicle accident involving another…

39:4-50.11. Victims' rights Victims shall have the right to: a. Make statements to law enforcement officers regarding the facts of the motor vehicle accident and to reasonable use of a telephone; b. Receive medical assistance for injuries resulting from the accident; c. Contact t…

39:4-50.12. Consultation with prosecutor A victim shall be provided with an opportunity to consult with the prosecutor prior to dismissal of the case or the filing of a proposed plea negotiation with the court, if the victim sustained bodily injury or serious bodily injury as def…

39:4-50.13. Tort Claims Act rights Nothing contained in the act shall mitigate any right which the victim may have pursuant to the "New Jersey Tort Claims Act" (N.J.S. 59:1-1 et seq.). L. 1985, c. 442, s. 5.

39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol. 1. Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol …

39:4-50.15 Additional penalty for driving under the influence with a minor as a passenger. 1. a. As used in this act: "Minor" means a person who is 17 years of age or younger. "Parent or guardian" means any natural parent, adoptive parent, resource family parent, stepparent, or a…

39:4-50.16 Findings, declarations relative to ignition interlock devices. 1. The Legislature finds and declares: a. This State's penalties for drunk driving, including the mandatory suspension of driver's licenses and counseling for offenders, are among the strongest in the natio…

39:4-50.16a Findings, declarations relative to certain drunk drivers. 1. The Legislature finds and declares that: a. State law has required repeat drunk drivers and drunk drivers with a high blood alcohol concentration (BAC) to install an ignition interlock device since January 2…

39:4-50.17 Sentencing drunk driving offenders; use of ignition interlock device required. 2. a. (1) Except as provided in paragraph (2) of this subsection, (a) in sentencing a first offender under subparagraph (i) of paragraph (1) of subsection (a) of R.S.39:4-50, whose blood alc…

39:4-50.17a Monthly leasing fee for installation of ignition interlock device. 6. a. If a person is required to install an ignition interlock device and that person's family income does not exceed 100% of the federal poverty level, the monthly leasing fee shall be 50% of the fee …

39:4-50.17b Semiannual summary report. 6. The chief administrator semiannually shall issue a summary report containing the following information concerning offenders required to install an ignition interlock device pursuant to section 2 of P.L.1999, c.417 (C.39:4-50.17): a. the t…

39:4-50.18 Notification to NJMVC of ignition interlock device installation. 3. a. The court shall notify the Chief Administrator of the New Jersey Motor Vehicle Commission when a person has been ordered to install an ignition interlock device in a vehicle pursuant to the provisio…

39:4-50.19 Violation of law; penalties. 4. a. A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or regularly operated by him shall have his driver's license suspended for one year, in addition to any other suspension or revoca…

39:4-50.2 Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused. 2. (a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have give…

39:4-50.20 Certification of devices. 5. The director shall certify or cause to be certified ignition interlock devices required by this act and shall publish a list of approved devices. A device shall not be certified unless the manufacturer enters into an agreement with the divi…

39:4-50.21 Rules, regulations. 6. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the division shall promulgate rules and regulations for the installation and use of ignition interlock devices. These regulations shall be consistent with the f…

39:4-50.21a Ignition interlock device installation, appropriate factual basis. 7. Nothing in P.L.2023, c.191 (C.39:4-50.21a et al.) shall be construed to preclude the installation of an ignition interlock device for a violation of Title 39 of the Revised Statutes under the approp…

39:4-50.22. Written statement of potential civil, criminal liability for permitting an intoxicated arrestee's operation of motor vehicle 1. Whenever a person is summoned by or on behalf of a person who has been arrested for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.5…

39:4-50.23. Impoundment of vehicle operated by arrestee; conditions of release; fee for towing, storage 2. a. Whenever a person has been arrested for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the arresting law enforcement agency shall impound the …

39:4-50.2a. Guidelines for DWI and breath test refusal prosecutions 3. In order to promote the uniform enforcement of R.S.39:4-50 and section 2 of P.L.1966, c.142 (C.39:4-50.2), the Attorney General shall promulgate guidelines concerning the prosecution of such violations. The gu…

39:4-50.3. Method of analyses; approval of techniques; certification of analysts; reports; forms Chemical analyses of the arrested person's breath, to be considered valid under the provisions of this act, shall have been performed according to methods approved by the Attorney Gen…

39:4-50.4a Refusal to submit to test; penalties. 2. a. The municipal court shall order any person who, after being arrested for a violation of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14), refuses to submit, upon request, to a test provided for in section 2 of P.L.1…

39:4-50.5. Severability If any provision of this act, or any particular application thereof, be found invalid, the same shall be deemed severable to the end that such invalidity shall not affect other provisions or applications hereof. L.1966, c. 142, s. 5.

39:4-50.8. Drunk Driving Enforcement Fund 1. Upon a conviction of a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall collect from the defendant a surcharge of $100.00 in addition to and independently of any fine imposed on that defendant. T…

39:4-50.9. Short title This act shall be known and may be cited as the "Drunk Driving Victim's Bill of Rights." L. 1985, c. 442, s. 1.

39:4-50a and 39:4-50b have been reallocated as 39:4-50.22 and 39:4-50.23, respectively.

39:4-50c Person arrested, convicted, operating, permitting another person to operate a motor vehicle under the influence, waivers, fines, not eligible. 8. Notwithstanding the provisions of R.S.39:4-50, a person who has been arrested or convicted of operating a motor vehicle while…

39:4-51 Sentence for violation of 39:4-50; service, work release; rules, regulations. A person who has been convicted of a first or second violation of section 39:4-50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which…

39:4-51a No consumption of alcoholic beverages, cannabis items in motor vehicles; presumption; penalties. 1. a. A person shall not consume an alcoholic beverage or cannabis item as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) while operating a motor vehicle. A passenger in…

39:4-51b Prohibition of open, unsealed alcoholic beverage container or cannabis item in motor vehicle; fine. 6. a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoh…

39:4-52. Racing on highway prohibited; fine No person shall operate a motor vehicle upon a public highway for a wager or in a race or for the purpose of making a speed record. A person who violates this section shall be fined not less than twenty-five nor more than one hundred do…

39:4-53. Leaving vehicle with engine running prohibited; fine A person who leaves a motor vehicle, with its engine running, stationary on the highway and unoccupied by a person able to control it, and without setting the hand brake in such manner as to prevent the vehicle from mo…

39:4-54. Trailers; number permitted; towing methods; auxiliary axles; converter dolly No motor vehicle shall be used on the public highways while drawing more than 2 motor-drawn vehicles. A "double saddle-mount," herein defined, means mounting the front of a motor vehicle by use …

39:4-55. Action on steep grades and curves The driver of a motor vehicle traversing a steep grade or mountain highway shall hold the vehicle under control and as near the right-hand side of the highway as reasonably possible, and when traveling upon a down grade upon a highway, s…

39:4-56. Delaying traffic prohibited No person shall drive or conduct a vehicle in such condition, so constructed or so loaded, as to be likely to cause delay in traffic or accident to man, beast or property.

39:4-56.1. Willfully causing vehicle to become disabled; abandonment of vehicle upon public highway (a) No person shall operate a vehicle upon the public highways, bridges or tunnels of this State or upon any highways, bridges or tunnels in this State operated by any authority of…

39:4-56.2. Violations; penalties Any person who has been convicted of a violation of this act shall be subject, for a first offense, to a fine of not less than $200.00 nor more than $500.00 and shall have his license to operate a motor vehicle suspended for a period of not less t…

39:4-56.3. Suspension of registration The registration of any motor vehicle which is used by any person in violation of section 1 of this act shall be suspended for not less than 90 days nor more than 1 year unless the owner thereof can demonstrate to the satisfaction of the Dire…

39:4-56.4. Legislative findings and declarations The Legislature finds and declares that a serious threat to the health, safety and welfare of the people of this State may be presented by any concerted effort, plan or demonstration involving the use and operation of vehicles in s…

39:4-56.5 Abandonment of motor vehicle. 1. a. It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charg…

39:4-56.6 Abandonment of vehicle on private property; removal by owner of property; costs; sale of vehicle. 1. No person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property or for a…

39:4-56.7. Issuance of summons for violation by law enforcement officer Any law enforcement officer may in the performance of his duty enter upon the property upon request of the property owner wherein a vehicle is parked in violation of section 1 of this act for the purpose of i…

39:4-56.8. Definitions; removal of disabled motor vehicles by towing service under contract; failure to remove debris surrounding vehicle; penalty a. As used in this act: (1) "Public entity" means the State, and any county, municipality, district, or political subdivision and any…

39:4-57. Observance of directions of officers Drivers of vehicles, street cars or horses shall at all times comply with any direction, by voice or hand, of a member of a police department, a peace officer, or the director, when enforcing a provision of this chapter. Amended by L.…