NJSA 39:3-10.24 Refusal to Consent to Breath Samples After Arrest for NJSA 39:3-10.13

NJSA 39:3-10.24 Refusal to Consent to Breath Samples After Arrest for…A 39:3-10.13 (Operation of Commercial Vehicle While Under Influence)

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NJSA 39:3-10.24 Refusal to Consent to Breath Samples After Arrest for NJSA 39:3-10.13 (Operation of Commercial Vehicle While Under Influence) First offense: Fine ranging from $250-$500 and six month revocation of driver’s license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50. Subsequent offense: Fine ranging from $250-$500 and 2 year revocation of driver’s license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50. For information regarding points or surcharges contact the Motor Vehicle Commission.

For information about car insurance eligibility and points contact your car insurance company or the New Jersey Department of Insurance.

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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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a. A person who operates a commercial motor http://www.njlaws.com/39_3-10_24refusaldwi-cdl.html?id=359&a=

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NJSA 39:3-10.24 Refusal to Consent to Breath Samples After Arrest for…A 39:3-10.13 (Operation of Commercial Vehicle While Under Influence)

vehicle on a public road, street, or highway, or quasi-public area in this State, shall be deemed to have given his consent to the taking of samples of his breath for the purposes of making chemical tests to determine alcohol concentration; provided, however, that the taking of samples shall be made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that the person has been operating a commercial motor vehicle with an alcohol concentration of 0.04% or more. b. A record of the taking of such a sample, disclosing the date and time thereof, as well as the result of a chemical test, shall be made and a copy thereof, upon request, shall be furnished or made available to the person so tested.

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c. In addition to the samples taken and tests made at Kenneth Vercammen was the the direction of a police officer hereunder, the person Middlesex County Bar Municipal tested shall be permitted to have such samples taken Court Attorney of the Year and chemical tests of his breath, urine, or blood made by a person or physician of his own selection. d. The police officer shall inform the person tested of his rights under subsections b. and c. of this section. e. No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test including the penalties under section 12 of this act. A standard statement, prepared by the director, shall be read by the police officer to the person. f. The court shall revoke for six months the right to operate any motor vehicle of any person who, after being arrested for a violation of section 5 of this act, shall refuse to submit to the chemical test provided for in this section when requested to do so, unless the refusal was in connection with a subsequent offense under this section, section 5 of this act, R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:450.4a), in which case the revocation period shall be for two years. In addition, a court shall impose the penalties provided in section 12 of this act. http://www.njlaws.com/39_3-10_24refusaldwi-cdl.html?id=359&a=

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NJSA 39:3-10.24 Refusal to Consent to Breath Samples After Arrest for…A 39:3-10.13 (Operation of Commercial Vehicle While Under Influence)

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The court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been operating or was in actual physical control of a commercial motor vehicle on the public highways or quasi-public areas of this State with an alcohol concentration at 0.04% or more, whether the person was placed under arrest, whether he refused to submit to the test upon request of the officer, and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose driving privilege is revoked for refusing to submit to a chemical test shall satisfy the requirements of a program of alcohol education or rehabilitation pursuant to the provisions of R.S.39:4-50. The revocation shall be independent of any revocation imposed by virtue of a conviction under the provisions of R.S.39:4-50 or section 12 of this act.

In addition to imposing a revocation under this subsection, a court shall impose a fine of not less than $250 or more than $500.

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Kenneth Vercammen's Law office represents individuals charged with http://www.njlaws.com/39_3-10_24refusaldwi-cdl.html?id=359&a=

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NJSA 39:3-10.24 Refusal to Consent to Breath Samples After Arrest for…A 39:3-10.13 (Operation of Commercial Vehicle While Under Influence)

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criminal, drug offenses, and serious traffic violations throughout New Jersey.

Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of Kenneth Vercammen & Associates, P.C. at 732-572-0500 for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation. The Law Office now accepts payment by American Express, Visa and Master Card. .

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NJSA 39:3-10.24 Refusal to Consent to Breath Samples After Arrest for‌A 39:3-10.13 (Operation of Commercial Vehicle While Under Influence)

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Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement. Š 2011 Kenneth Vercammen & Associates, P.C.

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