§ 31.28.1 [New] Ignition Interlock Devices (N.J.S.A. 39:4-50.16 To 39:4- 50.21)
N.J.S.A. 39:4-50.16. Legislative findings
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 nation. However, despite the severity of existing penalties, far too many persons who have been convicted under the drunk driving law continue to imperil the lives of their fellow citizens by driving while intoxicated.
b. Ignition interlock devices, which permit a motor vehicle to be started only when the driver is sober, offer a technically feasible and effective means of further reducing the incidence of drunk driving. The use of these devices was initiated in California in 1986 and, according to the National Highway Traffic Safety Administration, they are presently being used or tested in at least 37 states.
c. The judicious deployment of ignition interlock devices, as provided under this act, will enhance and strengthen this State's existing efforts to keep drunk drivers off the highways.
L.1999, c. 417, § 1.
N.J.S.A. 39:4-50.17. Interlock device as additional penalty
a. In sentencing a first offender under R.S.39: 4-50, the court may order, in addition to any other penalty imposed by that section, the installation of an interlock device in every motor vehicle owned, leased or regularly operated by the offender following the expiration of the period of license suspension imposed under that section. The device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served.
b. In sentencing a second or subsequent offender under R.S.39:4-50, the court may order, in addition to any other penalty imposed by that section, the installation of an interlock device in every motor vehicle owned, leased or regularly operated by the offender. The device shall remain installed for not less than one year or more than three years, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served.
c. The court shall require that, for the duration of its order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.
d. As used in this act, "ignition interlock device" or "device" means a blood alcohol equivalence measuring device which will prevent a motor vehicle from starting if the operator's blood alcohol content exceeds a predetermined level when the operator blows into the device.
L.1999, c. 417, § 2.
N.J.S.A. 39:4-50.18. Notification of the Director of the Division of Motor Vehicles
The court shall notify the Director of the Division of Motor Vehicles when a person has been ordered to install an interlock device in a vehicle owned, leased or regularly operated by the person. The division shall require that the device be installed before reinstatement of the person' s driver's license that has been suspended pursuant to R.S.39:4-50. The division shall imprint a notation on the driver's license stating that the person shall not operate a motor vehicle unless it is equipped with an interlock device and shall enter this requirement in the person's driving record.
L.1999, c. 417, § 3.
N.J.S.A. 39:4-50.19. Failure to install interlock device; penalties
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 revocation imposed under R.S.39:4-50, unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall have his driver's license suspended for one year, in addition to any other penalty applicable by law.
b. A person is a disorderly person who:
(1) Blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle.
(2) Tampers or in any way circumvents the operation of an interlock device.
(3) Knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.
L.1999, c. 417, § 4.
N.J.S.A. 39:4-50.20. Certification of ignition interlock devices
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 division for the provision of devices to indigent offenders, as determined by the director, at a reduced cost. The director shall provide a copy of this list along with information on the purpose and proper use of interlock devices to persons who have been ordered by the court to install such a device in their vehicles.
L.1999, c. 417, § 5.
N.J.S.A. 39:4-50.21. Rules and regulations; consistency with federal model
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 federal model specifications for ignition interlock devices issued by the National Highway Traffic Safety Administration. They shall include, but not be limited to, the following:
a. requiring that the ignition interlock system selected shall:
(1) not impede the safe operation of the vehicle;
(2) incorporate features that make circumvention difficult and that do not interfere with the normal use of the vehicle;
(3) correlate closely with established measures of alcohol impairment;
(4) operate accurately and reliably in an unsupervised environment;
(5) resist tampering and give evidence when tampering is attempted;
(6) be difficult to circumvent and require premeditation to do so;
(7) require a deep lung breath sample as a measure of blood alcohol concentration equivalence;
(8) operate reliably over the range of automobile environments; and
(9) be manufactured by a party who will provide liability insurance.
b. designating the facilities where ignition interlock devices may be installed;
c. establishing guidelines for the proper use of ignition interlock devices; and
d. establishing guidelines for the provision of ignition interlock devices at reduced rates to persons who, according to standards specified by the division, qualify as indigent.
The director may adopt at his discretion, in whole or in part, the guidelines, rules, regulations, studies, or independent laboratory tests performed on and relied upon in the certification of ignition interlock devices by other states, their agencies or commissions.
L.1999, c. 417, § 6.
(a) Introduction
In order to enhance and strengthen New Jersey's efforts to keep drunk drivers off of the highways , a new law has been passed giving municipal courts the obligation to order the installation of an ignition interlock device as a result of a first, second, or subsequent drunk driving conviction. This installation would be in addition to any other sentencing requirements for a violation of N.J.S.A. 39:4-50. The interlock devices prevent a motor vehicle from being started if the driver's breath exceeds a predetermined alcohol level.
The legislature requires those who are convicted of a first offense of drunk driving be subject to the provision of N.J.S.A. 39:4-50.16 et al. This sanction is in addition to the other penalties set forth in N.J.S.A. 39:4- 50(a)(1) for first offenders. In the context of the language used for subsequent offenders, it is not clear if the interlock device is absolutely required for first offenders or is within the discretion of the sentencing court. What is clear is that second offenders are required to use the interlock device pursuant to N.J.S.A. 39:4-50(a)(2) or be subject to a 2 year suspension of registration for all vehicles and plates he or she may own. Third offenders are also required to use an interlock device. Pursuant to N.J.S.A. 39:4-50(a)(3), a third offender must use a device or suffer a 10 year loss of registration privileges.
A municipal court has the authority to order a defendant to install an interlock device on his or her vehicle for six months to a year for a first drunk driving offense or for one to three years for a second or subsequent drunk driving offense. The device must be installed before the defendant's driving privileges can be reinstated following any period of license suspension pursuant to N.J.S.A. 39:4-50.
(b) License Suspension
Anyone who fails to comply with a court order to install an interlock device, unless the municipal court determines that a valid reason for the failure to comply exists, will have his or her license suspended for one year in addition to the suspension imposed for the drunk driving conviction. The court must also suspend any person's license for one year in addition to any suspension imposed pursuant to N.J.S.A. 39:4-50 who drives his or her vehicle with an interlock device installed if the vehicle was started by any means other than the defendant blowing into the device. The same penalty applies to a defendant who drives a vehicle in which no interlock device is installed.
(c) Disorderly Persons Offenses
Any person who blows into an interlock device to start a vehicle for another person, tampers with or circumvents the operation of an interlock device, or knowingly rents, leases, or lends a motor vehicle not equipped with an ignition interlock device to a person ordered to install such a device is guilty of a disorderly persons offense.
(d) Disorderly Persons Offenses--Fines and Costs
A defendant who is convicted of N.J.S.A. 39:4-50.19(b) must pay a fine of up to $1,002. An analysis of aggravating and mitigating factors is required under N.J.S.A. 2C:44-1 and 2C:44-2 for a violation of N.J.S.A. 39:4-50.19(b) since it is a disorderly persons offense. If the ticket was issued as a result of a motor vehicle accident, and the defendant is deemed to be at fault, the judge will probably consider the defendant's relative culpability and the extent of any injuries or damages sustained in the accident in deciding the amount of the fine. The defendant's past driving record may also influence the sentence, though there is no statutory authority or case law requiring or prohibiting the consideration of the defendant's driving history. The defendant may also be required to pay up to $30 in court costs.
(e) Disorderly Persons Offenses--Incarceration
A person convicted of this disorderly persons offense may be sentenced to up to 6 months days in jail. The defendant does enjoy a presumption against incarceration for a first offense since this is a disorderly persons offense. This presumption can only be overcome upon a showing that the defendant's imprisonment is necessary for the protection of the public due to the nature and circumstances of the offense and the history, character, and condition of the defendant. If the defendant has a previous conviction, or if the presumption of non-incarceration is overcome, the defendant may be sentenced to up to 6 months in jail for conviction of a disorderly persons offense. However, the defendant will never be subject to a presumption of imprisonment for this offense. Instead, if it is not the defendant's first offense, the court must weigh the statutory aggravating and mitigating factors in deciding whether to impose a custodial sentence.
(f) Disorderly Persons Offenses--Probation and Suspended Sentence
The municipal court has the option of suspending the defendant's sentence or placing the defendant on probation. The term of probation must not be less than six months, nor more than one year. When a court sentences a defendant to probation, it may place the same conditions of probation for a Title 2C offense on the defendant. The conditions are to ensure that the defendant lead a law abiding life. Therefore, if the defendant's conduct caused any damage, the court must order the defendant to make restitution as a condition of probation. The court, among other conditions, may also order the defendant to find or continue employment, perform community service, and to refrain from committing any more motor vehicle violations as conditions of probation.
(g) Disorderly Persons Offenses--Driver's License Loss
A judge may suspend the license of a defendant convicted of an interlock device disorderly persons offense for an additional period of up to 2 years. However, a practitioner whose client is charged with this offense should argue that an additional license suspension is not authorized if the operation of the motor vehicle is an element of the offense.
If the court suspends the defendant's license, and the defendant is caught driving while his or her license is suspended, the defendant will face the penalties for driving on the revoked list. In addition, while on the revoked list, the defendant is unable to purchase liability insurance.
(h) Disorderly Persons Offenses--Consequences of Non-Payment
A defendant is entitled to a reasonable period of time to pay his or her fine. If a defendant is indigent, he or she is entitled to pay the fine in installments. The court sets the schedule for the installments, but the final installment must be due no later than 12 months from the date of conviction.
If the defendant defaults on the fine, he or she may be imprisoned in jail one day for every $20 owed. When imprisoned for defaulting on the fine, the defendant must be credited at least $20 for every day he or she serves in jail. If the defendant consents, the municipal judge may sentence the defendant to perform community service in lieu of the imprisonment term for defaulting on a payment of the fine.
Though the court is authorized to sentence the defendant to one day in jail for every $1 owed when he or she defaults on payment of court costs, the New Jersey Supreme Court has essentially banned this procedure.
Footnotes
See N.J.S.A. 39:4-50.16(c).
N.J.S.A. 39:4-50.17. The time period commences immediately upon the reinstatement of the defendant's driver's license after any required period of suspension has been served.
N.J.S.A. 39:4-50.18. This statute also requires the Division of Motor Vehicles to imprint a notation on the driver's license stating that the person may not operate a motor vehicle unless it is equipped with an interlocking device.
N.J.S.A. 39:4-50.19(a).
N.J.S.A. 39:4-50.19(a).
N.J.S.A. 39:4-50.19(b).
N.J.S.A. 2C:43-3(c). An additional two dollars must be added to the amount of any fine imposed for any motor vehicle offense under Title 39 of the Revised Statutes to support the Body Armor Replacement Fund, N.J.S.A. 39:5- 41(d), and the New Jersey Spinal Cord Research Fund. N.J.S.A. 39:5-41(e).
Victims of motor vehicle accidents have the right to be informed of certain information regarding the defendant's case. See N.J.S.A. 39:5-52.
N.J.S.A. 22A:3-4.
N.J.S.A. 2C:43-8.
See N.J.S.A. 2C:44-1(e).
See N.J.S.A. 2C:44-1(e); see also State v. Roth, 95 N.J. 334, 357, 471 A.2d 370, 382 (1984). The sentencing court must be persuaded of this finding by a standard higher than clear and convincing evidence. State v. Gardner, 113 N.J. 510, 517, 551 A.2d 981, 984 (1989).
N.J.S.A. 2C:44-1(e).
State v. Powell, 218 N.J.Super. 444, 450, 528 A.2d 39, 41 (App.Div.1987).
See N.J.S.A. 2C:44-1.
State v. Roth, 95 N.J. 334, 471 A.2d 370 (1984).
N.J.S.A. 39:5-7.
N.J.S.A. 39:5-7.
See N.J.S.A. 39:5-7. The statutes referred to in N.J.S.A. 39:5-7 regarding probation have been repealed. The law controlling probation for criminal offenses is N.J.S.A. 2C:45-1.
See N.J.S.A. 2C:45-1.
N.J.S.A. 2C:45-1(c); see also N.J.S.A. 2C:46-1(b)(1).
See N.J.S.A. 2C:45-1.
N.J.S.A. 2C:43-2(c).
See State v. Gross, 225 N.J.Super. 28, 541 A.2d 714 (App.Div.1988).
N.J.S.A. 39:3-40.
N.J.A.C. 11:3-2.8(d).
State v. De Bonis, 58 N.J. 182, 276 A.2d 137 (1971).
N.J.S.A. 39:4-203.1.
N.J.S.A. 39:4-203.1.
N.J.S.A. 39:5-36.
N.J.S.A. 39:5-36. There is no maximum limit to the dollar credit per day. State v. De Bonis, 58 N.J. 182, 276 A.2d 137 (1971).
N.J.S.A. 2B:12-23.
N.J.S.A. 22A:3-6.
State v. De Bonis, 58 N.J. 182, 276 A.2d 137 (1971).
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