The commission may, at its discretion and for good cause shown, issue licenses which shall expire on a date fixed by it. If the commission issues a license to a person who has demonstrated authorization to be present in the United States for a period of time shorter than the standard period of the license, the commission shall fix the expiration date of the license at a date based on the period in which the person is authorized to be present in the United States under federal immigration laws.
The commission may renew such a license only if it is demonstrated that the person's continued presence in the United States is authorized under federal law. The fee for licenses with expiration dates fixed by the commission shall be fixed by the commission in amounts proportionately less or greater than the fee herein established.
The commission shall waive the payment of fees for issuance of omnibus endorsements whenever an applicant establishes to the commission's satisfaction that said applicant will use the omnibus endorsement exclusively for operating omnibuses owned by a nonprofit organization duly incorporated under Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes.
The commission shall issue licenses for the following license period on and after the first day of the calendar month immediately preceding the commencement of such period, such licenses to be effective immediately. All applications for renewals of licenses shall be made in a manner prescribed by the commission and in accordance with procedures established by it. The commission in its discretion may refuse to grant a permit or license to drive motor vehicles to a person who is, in its estimation, not a proper person to be granted such a permit or license, but no defect of the applicant shall debar the applicant from receiving a permit or license unless it can be shown by tests approved by the commission that the defect incapacitates the applicant from safely operating a motor vehicle.
In addition to requiring an applicant for a driver's license to submit satisfactory proof of identity and age, the commission also shall require the applicant to provide, as a condition for obtaining a permit and license, satisfactory proof that the applicant's presence in the United States is authorized under federal law. If the commission has reasonable cause to suspect that any document presented by an applicant as proof of identity, age or legal residency is altered, false or otherwise invalid, the commission shall refuse to grant the permit or license until such time as the document may be verified by the issuing agency to the commission's satisfaction.
The penalties provided for by this paragraph shall not be applicable in cases where failure to have actual possession of the operator's license is due to an administrative or technical error by the commission. Nothing in this section shall be construed to alter or extend the expiration of any license issued prior to the date this amendatory and supplementary act becomes operative. Disclaimer: These codes may not be the most recent version. New Jersey may have more current or accurate information.
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Justia Legal Resources. Find a Lawyer. Law Students. If you are convicted of driving without a license because you never secured a valid privilege in NJ, you face:. It should also be noted that once someone is convicted for driving without a license, their ability to operate is suspended.
If they are thereafter caught again, they face a summons for driving while suspended. This can be a vicious cycle that leads to a mandatory jail term, thousands in fines and surcharges, and other significant consequences. Unlike many other traffic violations, operating without a license has limited defenses. Notwithstanding, there are several defenses that may be pursued, including:.
Emergency situation. The first defense to a driving without a license charge is the claim that you were driving a vehicle sans license as the result of an emergency situation where there was a threat of injury to you or to another person. For example, if your spouse was suffering from a heart attack, you may have needed to drive them to the hospital, or at least take over driving duties if they were operating the vehicle at the time the heart attack occurred.
Lack of operation. The second viable defense to a driving without a license charge is a lack of operation of the vehicle in question. You may argue that you were not driving the vehicle at the supposed time of your offense.
If a defense is not plausible, striking a plea deal may be within your best interest. Understanding plea bargains and how they work can be tricky — it is always best to have your attorney negotiate these deals on your behalf to ensure that your best interests are protected.
Marshall, we explore the most effective strategies when our clients are facing driving without a license, or any other traffic offense-related charges.
In addition to any other penalties provided under law, the holder of a probationary license who accumulates more than two motor vehicle points or is convicted of a violation of R. The course shall be administered pursuant to rules and regulations promulgated by the chief administrator and subject to oversight by the commission.
The authority of the chief administrator to suspend, revoke, or deny issuance of an initial or renewal license to operate a driving school or an instructor's license, and to assess fines, pursuant to P.
The license holder shall also remit a course fee prior to the commencement of the course. When notified by a court of competent jurisdiction that a probationary license holder has been convicted of a second or subsequent violation, in addition to any other penalties provided under law, the chief administrator shall, without the exercise of discretion or a hearing, suspend the probationary license for three months, and shall postpone eligibility for a basic license for an equivalent period.
In addition, when the chief administrator is notified by a court of competent jurisdiction that a probationary license holder has been convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle, and he is not otherwise subject to any other suspension penalty therefor, the chief administrator shall, without the exercise of discretion or a hearing, suspend the probationary license for six months.
The chief administrator shall provide the holder of a probationary license with two removable, transferable, highly visible, reflective decals indicating that the driver of the vehicle may be the holder of a probationary license. The decals shall be designed by the chief administrator, in consultation with the Division of Highway Traffic Safety in the Department of Law and Public Safety. The chief administrator may charge a fee for the decals not to exceed the actual cost of producing and distributing the decals.
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