A5991

An Act concerning driving under the influence and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. In the name of the Chief Administrator of the Motor Vehicle Commission, a law enforcement officer shall issue an immediate preliminary suspension of the driver’s license of a person who is arrested for operating a motor vehicle in violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), or section 1 of P.L.1992, c.189 (C.39:4-50.14). If the person’s driver’s license was issued by another state, the law enforcement officer shall issue an immediate preliminary suspension of the nonresident reciprocity privilege.

The law enforcement officer shall immediately confiscate the person’s driver’s license, unless the driver’s license was issued by another state.

The law enforcement officer shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension imposed pursuant to this subsection that the person shall be subject to the penalties set forth in R.S.39:3-40.

b. The law enforcement officer shall immediately forward to the chief administrator the confiscated driver’s license, the notice of the immediate preliminary suspension of the driver’s license or nonresident reciprocity privilege, and a report which includes the reason for the suspension.

c. The chief administrator shall notify, in writing, the person whose driver’s license or nonresident reciprocity privilege has been suspended that the person has the right to request a hearing to contest the issuance of the suspension. The notification shall be sent by certified mail within five days after the receipt of the items listed in subsection b. of this section by the chief administrator.

The purpose of the hearing shall be to determine if, pending adjudication of the charge against the person by a municipal court, the preliminary suspension issued by the law enforcement officer pursuant to subsection a. of this section shall remain in effect.

A person may request a hearing by notifying the chief administrator within 10 days from the date on which the notice informing the person of the right to a hearing was mailed. A hearing shall be held by an administrative law judge within 10 days of receipt of a request for a hearing.

d. At the hearing, the judge shall determine by clear and convincing evidence if there was a factual basis upon which the person was initially stopped by the law enforcement officer and whether the person was properly charged with a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), or section 1 of P.L.1992, c.189 (C.39:4-50.14) and, if so, the preliminary suspension shall be continued pending adjudication of the charge against the person by the municipal court.

In making the decision, the judge shall consider all available documents, including the summons, police report, and any relevant evidence submitted by the person whose driver’s license or nonresident reciprocity privilege has been suspended.

e. The period of preliminary suspension imposed under this section shall be deducted from any suspension imposed as a result of the adjudication of the charge against the person by a municipal court.

f. Any determination made by an administrative law judge pursuant to a hearing held in accordance with this section shall not be admissible as evidence at any criminal or quasi-criminal proceedings for the alleged violation of R.S.39:4-50, section 2 of P.L.1982, c.512 (C.39:4-50.4a), or section 1 of P.L.1992, c.189 (C.39:4-50.14).

2. This act shall take effect on the first day of the fourth month after enactment.

STATEMENT

This bill requires law enforcement officers to issue an immediate preliminary suspension of a person’s driver’s license for certain drunk driving offenses.

Under the bill, a law enforcement officer is required to issue an immediate preliminary suspension of the driver’s license of any person who is arrested for driving while intoxicated, refusal to submit to a breath test, or, in the case of a person who under 21 years of age, operating a motor vehicle with a blood alcohol concentration of 0.01 percent or more, but less than 0.08 percent. If the person’s driver’s license was issued in another state, the law enforcement officer is required to issue an immediate preliminary suspension of the nonresident reciprocity privilege. In addition, the bill requires the law enforcement officer to immediately confiscate the person’s driver’s license, unless the driver’s license was issued by another state.

Under the provisions of this bill, the law enforcement officer is required to forward to the chief administrator the confiscated driver’s license, the notice of the immediate preliminary suspension of the driver’s license or nonresident reciprocity privilege, and a report which is to include the reason for the suspension.

In addition, the bill requires the chief administrator to notify, in writing, the person whose driver’s license or nonresident reciprocity privilege was suspended that the person has the right to request a hearing to contest the issuance of the suspension. The bill provides that a person may request a hearing by notifying the chief administrator within 10 days from the date on which the notice informing the person of the right to the hearing was mailed. A hearing is required to be held by an administrative law judge within 10 days of receipt of a request for a hearing.

The bill provides that the purpose of the hearing is to determine if, pending adjudication of the charge against the person by a municipal court, the preliminary suspension issued by the law enforcement officer under the bill’s provisions is to remain in effect. At the hearing, the judge is to determine by clear and convincing evidence if there was a factual basis upon which the person was initially stopped by the law enforcement officer and whether the person was properly charged with driving while intoxicated, refusal to submit to a breath test, or, in the case of a person under 21 years of age, operating a motor vehicle with a blood alcohol concentration of 0.01 percent or more, but less than 0.08 percent and if so, the preliminary suspension is to be continued pending adjudication of the charge against the person by the municipal court.

Finally, the bill provides that the period of preliminary suspension imposed under the bill is to be deducted from any suspension imposed as a result of the adjudication of the charge against the person by a municipal court.