Commercial Motor Vehicle DWI with CDL

11/15/11 2:54 PMCommercial Motor Vehicle DWI with CDL

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Kenneth Vercammen & AssociatesA Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.

Edison NJ 08817732-572-0500

1-800-655-2977Personal Injury and Criminalon Weekends 732-261-4005

Princeton Area68 South Main St.

Cranbury, NJ 08512By Appointment OnlyToll Free 800-655-2977

Commercial MotorVehicle DWI with CDL

Kenneth Vercammen's Law office representsindividuals charged with criminal and serious trafficviolations throughout New Jersey. Our office helpspeople with traffic/ municipal court tickets includingdrivers charged with driving commercial vehiclewhile intoxicated, refusal and on driving whilesuspended with a CDL.

Motor vehicle violations can cost you. You will haveto pay fines in court or receive points on yourdrivers license. An accumulation of too many points,or certain moving violations may require you to payexpensive surcharges to the N.J. MVC [Division ofMotor Vehicles] or have your license suspended.Don't give up! The Law Office of KennethVercammen offers information and possibly provideexperienced attorney representation for motorvehicle violations.

When your driver's license is in jeopardy or you arefacing thousands of dollars in fines, DMV surchargesand car insurance increases, you need excellent legalrepresentation. The least expensive attorney is notalways the answer. Please call us if you needexperienced legal representation in atraffic/municipal court matter. Our website

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njlaws.com provides information on traffic offenseswe can be retained to represent people. Our websitealso provides details on jail terms for trafficviolations and car insurance eligibility points. Carinsurance companies increase rates or dropcustomers based on moving violations.

The following is the law in New Jersey and allamendments as of April 2004 on driving acommercial motor vehicle and DWI with CDL:

39:3-10.13. Alcohol, controlled substance useprohibited Notwithstanding any other provision oflaw to the contrary, a person shall not operate acommercial motor vehicle in this State with analcohol concentration of 0.04% or more, or whileunder the influence of a controlled substance.

39:3-10.20. Suspension of commercial motor vehicledriving privilege a. In addition to any other penaltyprovided by law, a court shall suspend for not lessthan one year nor more than three years thecommercial motor vehicle driving privilege of aperson for a first violation of:

(1) R.S. 39:4-50 if the motor vehicle was acommercial motor vehicle or section 5 of this act.

(2) R.S. 39:4-129 if the motor vehicle was acommercial motor vehicle operated by the person.

(3) Using a commercial motor vehicle in thecommission of any "crime" as defined in subsectiona., c., or d. of N.J.S. 2C:1-4.

(4) Refusal to submit to a chemical test under section2 of P.L. 1966, c.142 (C.39:4-50.2) or section 16 ofthis act if the motor vehicle was a commercial motorvehicle.

(5) Paragraph (1) of subsection b. of section 10 ofthis act.

b. If a first violation of any of the violationsspecified in subsection a. of this section takes placewhile transporting hazardous material or takes placein a vehicle displaying a hazardous material placard,the court shall suspend the commercial motor vehicle

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driving privilege of the person for three years.

c. Subject to the provisions of subsection d. of thissection, the court shall revoke for life thecommercial motor vehicle driving privilege of aperson for a second or subsequent violation of any ofthe offenses specified in subsection a. or anycombination of those offenses arising from two ormore separate incidents.

d. The director may issue rules and regulationsestablishing guidelines, including conditions underwhich a revocation of commercial motor vehicledriving privilege for life under subsection c. may bereduced to a period of not less than 10 years.

e. Notwithstanding any other provision of law to thecontrary, a court shall revoke for life the commercialmotor vehicle driving privilege of a person who usesa commercial motor vehicle in the commission of acrime involving the manufacture, distribution, ordispensing of a controlled substance or controlledsubstance analog, or possession with intent tomanufacture, distribute, or dispense a controlledsubstance or controlled substance analog. Arevocation under this subsection shall not be subjectto reduction in accordance with subsection d. of thissection.

f. A court shall suspend the commercial motorvehicle driving privilege of a person for a period ofnot less than 60 days if the person is convicted of aserious traffic violation and that convictionconstitutes the second serious traffic violationcommitted in a commercial motor vehicle in this orany other state arising from separate incidentsoccurring within a three year period. A court shallsuspend the commercial motor vehicle drivingprivilege for 120 days if the conviction constitutesthe third or subsequent serious traffic violationcommitted in a commercial motor vehicle in this orany other state arising from separate incidentsoccurring within a three year period.

g. After suspending, revoking, or canceling acommercial motor vehicle driving privilege, a courtshall make a report to the director within three daysin such form as the director may require. The



director shall notify the Commercial Driver LicenseInformation System of the suspension, revocation, orcancellation. In the case of non-residents, thedirector also shall notify the licensing authority ofthe state which issued the commercial driver licenseor the state where the person is domiciled. Thedirector shall provide these notices within 10 daysafter the suspension, revocation, cancellation, ordisqualification.

h. The director shall in accordance with this sectionsuspend a commercial motor vehicle drivingprivilege of a person holding, or required to hold, acommercial driver license issued by this State if theperson is convicted in another state or foreignjurisdiction of an offense of a substantially similarnature to the offenses specified in subsection a., e.,or f. of this section. For purposes of this section, aviolation such as driving while intoxicated, drivingunder the influence, or driving while ability isimpaired shall be considered substantially similaroffenses. For purposes of this section, a violationcommitted in another state but substantially similarto those enumerated in subsection a. of this sectioncommitted in this State shall be included.

i. Notwithstanding any other provision of law to thecontrary, a conviction under this section, or section 5or 16 of this act, shall not merge with a convictionfor a violation of R.S. 39:4-50 or section 2 of P.L.1966, c.142 (C.39:4-50.2).

39:3-10.24. Taking of breath samples (CDL refusal)a. A person who operates a commercial motorvehicle on a public road, street, or highway, orquasi-public area in this State, shall be deemed tohave given his consent to the taking of samples ofhis breath for the purposes of making chemical teststo determine alcohol concentration; provided,however, that the taking of samples shall be made inaccordance with the provisions of this act and at therequest of a police officer who has reasonablegrounds to believe that the person has been operatinga commercial motor vehicle with an alcoholconcentration of 0.04% or more.

b. A record of the taking of such a sample, disclosingthe 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 tothe person so tested.

c. In addition to the samples taken and tests made atthe direction of a police officer hereunder, the persontested shall be permitted to have such samples takenand chemical tests of his breath, urine, or bloodmade by a person or physician of his own selection.

d. The police officer shall inform the person tested ofhis rights under subsections b. and c. of this section.

e. No chemical test, as provided in this section, orspecimen necessary thereto, may be made or takenforcibly and against physical resistance thereto bythe defendant. The police officer shall, however,inform the person arrested of the consequences ofrefusing to submit to such test including the penaltiesunder section 12 of this act. A standard statement,prepared by the director, shall be read by the policeofficer to the person.

f. The court shall revoke for six months the right tooperate any motor vehicle of any person who, afterbeing arrested for a violation of section 5 of this act,shall refuse to submit to the chemical test providedfor in this section when requested to do so, unlessthe refusal was in connection with a subsequentoffense under this section, section 5 of this act, R.S.39:4-50 or section 2 of P.L. 1981, c.512 (C.39:4-50.4a), in which case the revocation period shall befor two years. In addition, a court shall impose thepenalties provided in section 12 of this act.

The court shall determine by a preponderance of theevidence whether the arresting officer had probablecause to believe that the person had been operatingor was in actual physical control of a commercialmotor vehicle on the public highways or quasi-publicareas of this State with an alcohol concentration at0.04% or more, whether the person was placed underarrest, whether he refused to submit to the test uponrequest of the officer, and if these elements of theviolation are not established, no conviction shallissue. In addition to any other requirements providedby law, a person whose driving privilege is revokedfor refusing to submit to a chemical test shall satisfy



the requirements of a program of alcohol educationor rehabilitation pursuant to the provisions of R.S.39:4-50. The revocation shall be independent of anyrevocation imposed by virtue of a conviction underthe provisions of R.S. 39:4-50 or section 12 of thisact.

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

39:3-10.25. Methods and techniques of chemicalanalyses forms Chemical analyses of an arrestedperson's breath, to be considered valid under theprovisions of this act, shall have been performedaccording to methods approved by the AttorneyGeneral, and by a person certified for this purpose bythe Attorney General. The Attorney General isauthorized to approve satisfactory techniques ormethods, to ascertain the qualifications andcompetence of individuals to conduct analyses, andto make certifications of such individuals, whichcertifications shall be subject to termination orrevocation at the discretion of the Attorney General.The Attorney General shall prescribe a uniform formfor reports of the chemical analysis of breath to beused by law enforcement officers and others actingin accordance with the provisions of this act. Eachchief of police, in the case of forms distributed tolaw enforcement officers and others in hismunicipality, or the other officer, board, or officialhaving charge or control of the police departmentwhere there is no chief, and the Director of theDivision of Motor Vehicles and the Superintendentof State Police, in the case of such forms distributedto law enforcement officers and other personnel intheir divisions, shall be responsible for the furnishingand proper disposition of such uniform forms. Eachresponsible party shall prepare or cause to beprepared the records and reports relating to theuniform forms and their disposition in the mannerand at the times prescribed by the Attorney General.Unless otherwise provided by the Attorney General,the approval of methods and techniques, thecertification of persons and the prescription of formsof reports pursuant to section 3 of P.L. 1966, c.142(C.39:4-50.3) shall constitute approval, certification



or prescription, as the case may be, for purposes ofthis section.

CONCLUSION

If charged with a traffic offense, immediatelyschedule an appointment with a trial attorney. Don'trely on a real estate attorney, public defender or afamily member who simply attended law school.When your driving privileges and ability to drive towork is on the line, hire an experienced attorney.

KENNETH VERCAMMEN & ASSOCIATES, PCATTORNEY AT LAW 2053 Woodbridge Ave.Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 TRIAL AND LITIGATIONEXPERIENCE

In his private practice, he has devoted a substantialportion of his professional time to the preparationand trial of litigated matters. He appears in Courtsthroughout New Jersey several times each week onmany personal injury matters, Criminal andMunicipal/ traffic Court trials, Probate hearings, andcontested administrative law hearings.

Mr. Vercammen served as the Prosecutor for theTownship of Cranbury, Middlesex County and wasinvolved in trials on a weekly basis. He also arguedall pre-trial motions and post-trial applications onbehalf of the State of New Jersey.

He has also served as a Special Acting Prosecutor inWoodbridge, Perth Amboy, Hightstown, Carteret,East Brunswick, Jamesburg, South Brunswick, SouthRiver and South Plainfield for conflict cases. Since1989, he has personally handled hundreds ofcriminal and motor vehicle matters as a Prosecutorand now as defense counsel and has had substantialsuccess.

Previously, Mr. Vercammen was Public Defender forthe Township of Edison and Borough of Metuchenand a Designated Counsel for the Middlesex CountyPublic Defender's Office. He represented indigentindividuals facing consequences of magnitude. Hewas in Court trying cases and making motions indifficult criminal and DWI matters. Every case he



personally handled and prepared.

His resume sets forth the numerous bar associationsand activities which demonstrate his commitment tothe legal profession and providing qualityrepresentation to clients.

Since 1985, his primary concentration has been onlitigation matters. Mr. Vercammen gained other legalexperiences as the Confidential Law Clerk to theCourt of Appeals of Maryland (Supreme Court) withthe Delaware County, PA District Attorney Officehandling Probable Cause Hearings, MiddlesexCounty Probation Department as a ProbationOfficer, and an Executive Assistant to ScrantonDistrict Magistrate, Thomas Hart, in Scranton, PA.

Minimum Mandatory Fines, Points, Jailand Penalties Relating to Selected Motor

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Kenneth Vercammen's Law office represents individuals charged withcriminal, drug offenses, and serious traffic violations throughout New Jersey.Our office helps people with traffic/ municipal court tickets including driverscharged with Driving While Intoxicated, Refusal and Driving WhileSuspended.

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

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

When your job or driver's license is in jeopardy or you are facingthousands of dollars in fines, DMV surcharges and car insurance increases,you need excellent legal representation. The least expensive attorney is notalways the answer. Schedule an appointment if you need experienced legalrepresentation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained torepresent people. Our website also provides details on jail terms for trafficviolations and car insurance eligibility points. Car insurance companiesincrease 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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Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised orguaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on informationat this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies withthe New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entityunless 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.

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Commercial Motor Vehicle DWI with CDL

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