The Law Office of Jason T. Komninos Criminal Defense Traffic Violations DWI DUI

Jason T. Komninos, Esq.

Bar Admissions:
New Jersey
United States District Court for the District of New Jersey

Attorney Education:
Pace University School of Law, Juris Doctor
University of Hartford, Bachelor of Arts, magna cum laude

Professional Affiliations:
Member of New Jersey State Bar Association
Member of Bergen County Bar Association

There are many types of cases heard in the Municipal Court System of the State of New Jersey.
These cases range from:

*Traffic Violations
*DWI/DUI
*Drug Crimes
*Disorderly Persons Offenses.

These are just a few of the many cases I handle:
All Traffic Tickets and Violations including:
*Speeding
*Careless Driving
*Reckless Driving
*Driving Without a License/Driving While Suspended
*Leaving the Scene of an Accident
*DWI and DUI
*Possession of Drugs/Paraphernalia
*Shoplifting
*Disorderly Persons
*Domestic Violence
*Assault
*Harassment

If you are facing a charge or charges in a Municipal Court, please contact me today.

The penalties for traffic violations in New Jersey Municipal Court range in severity. Some violations merely come with a fine, while moving violations involve points being assessed to your record. Some of the more serious violations may involve license suspension, community service or jail time.

An attorney may be able to help you reduce or eliminate the points associated with the traffic ticket or tickets you received or even dismiss the ticket or tickets entirely.

The following is a list of the most common traffic violations and the amount of points assessed for each:

Violation is listed first, then the amount of points next to it

New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway
27:23-29 - Moving against traffic - 2
27:23-29 - Improper passing - 4
27:23-29 - Unlawful use of median strip - 2

All Roads and Highways
39:3-20 - Operating constructor vehicle in excess of 45 mph - 3
39:4-14.3 - Operating motorized bicycle on a restricted highway - 2
39:4-14.3d - More than one person on a motorized bicycle - 2
39:4-35 - Failure to yield to pedestrian in crosswalk - 2
39:4-36 - Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk - 2
39:4- 41 - Driving through safety zone - 2
39:4-52 - Racing on highway - 5
39:4-55 - Improper action or omission on grades and curves - 2
39:4-57 - Failure to observe direction of officer - 2
39:4-66 - Failure to stop vehicle before crossing sidewalk - 2
39:4-66.1 - Failure to yield to pedestrians or vehicles while entering or leaving highway - 2
39:4-66.2 - Driving on public or private property to avoid a traffic sign or signal - 2
39:4-71 - Operating a motor vehicle on a sidewalk - 2
39:4-80 - Failure to obey direction of officer - 2
39:4-81 - Failure to observe traffic signals* (Red Light Camera* - 0 pts.) - 2
(*No points assessed for red light camera violation)
39:4-82 - Failure to keep right - 2
39:4-82.1 - Improper operating of vehicle on divided highway or divider - 2
39:4-83 - Failure to keep right at intersection - 2
39:4-84 - Failure to pass to right of vehicle proceeding in opposite direction - 5
39:4-85 - Improper passing on right or off roadway - 4
39:4-85.1 - Wrong way on a one-way street - 2
39:4-86 - Improper passing in no passing zone - 4
39:4-87 - Failure to yield to overtaking vehicle - 2
39:4-88 - Failure to observe traffic lanes - 2
39:4-89 - Tailgating - 5
39:4-90 - Failure to yield at intersection - 2
39:4-90.1 - Failure to use proper entrances to limited access highways - 2
39:4-91-92 - Failure to yield to emergency vehicles - 2
39:4-96 - Reckless driving - 5
39:4-97 - Careless driving - 2
39:4-97a - Destruction of agricultural or recreational property - 2
39:4-97.1 - Slow speed blocking traffic - 2
39:4-97.2 - Driving in an unsafe manner - 4
(points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)

39:4-98
Exceeding maximum speed 1-14 mph over limit - 2
Exceeding maximum speed 15-29 mph over limit - 4
Exceeding maximum speed 30 mph or more over limit - 5

39:4-105 - Failure to stop for traffic light - 2
39:4-115 - Improper turn at traffic light - 3
39:4-119 - Failure to stop at flashing red signal - 2
39:4-122 - Failure to stop for police whistle - 2
39:4-123 - Improper right or left turn - 3
39:4-124 - Improper turn from approved turning course - 3
39:4-125 - Improper u-turn - 3
39:4-126 - Failure to give proper signal - 2
39:4-127 - Improper backing or turning in street - 2
39:4-127.1 - Improper crossing of railroad grade crossing - 2
39:4-127.2 - Improper crossing of bridge - 2
39:4-128 - Improper crossing of railroad grade crossing by certain vehicles - 2
39:4-128.1 - Improper passing of school bus - 5
39:4-128.4 - Improper passing of frozen dessert truck - 4
39:4-129 - Leaving the scene of an accident - No personal injury - 2
39:4-129 - Leaving the scene of an accident - Personal injury - 8
39:4-144 - Failure to observe stop or yield signs - 2
39:5C-1 - Racing on highway - 5
39:5D-4 - Moving violation committed out-of-state - 2

Don't make the mistake of thinking that your Driving While Intoxicated (DWI) charge is not very serious. You might think that you didn't really have that much to drink. However, the law is strict and the police and prosecutors are very tough on drunk drivers.

The penalties in New Jersey for a Driving While Intoxicated charge are very severe. The penalties you may face depend on the Alco Test results as well as any prior DWI convictions you might have:

39:4-50 Driving while intoxicated 1st Offense

BAC 0.08% or higher, but less than .10%

* $250 to $400 fine, and
* IDRC 12 to 48 hours, and
* In court's discretion, imprisonment not exceeding 30 days, and
*Driver's license suspension for a period of 3 months, and
*VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
*May order participation in supervised visitation program as either a condition of probation or a form of community service, and
*May order installation of an interlock device for not less than 6 months nor more than 1 year, and
*Satisfy the screening, evaluation, and referral requirements of the IDRC.
*If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

1st Offense BAC 0.10% or higher

*$300 to $500 fine, and
* IDRC 12 to 48 hours, and
*In court's discretion imprisonment not exceeding 30 days, and
*Driver's license suspension for not less than 7 months nor more than 1 year, and
*VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
*May order participation in supervised visitation program as either a condition of probation or a form of community service, and
*May order installation of an interlock device for not less than 6 months nor more than 1 year, and
*Satisfy the screening, evaluation, and referral requirements of the IDRC.
*If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

2nd Offense

*$500 to $1000 fine, and
*Imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and
*Driver's license suspension for 2 years, and
*Community service for 30 days, and
*VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
*May order participation in a supervised visitation program as either a condition of probation or a form of community service, and
*Shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 2 years, and
*Satisfy the screening, evaluation, and referral requirements of the IDRC.
*If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

3rd or Subsequent Offense

*$1000 fine, and
*Imprisonment not less than 180 days in county jail or workhouse, except that the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and
*Driver's license suspension for 10 years, and
*VCCB $50, DDEF $100, SNSF $75, and $100 surcharge, and
*May order participation in supervised visitation program as either a condition of probation or a form of community service, and
*Shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 10 years, and
*Satisfy the screening, evaluation, and referral requirements of the IDRC.
*If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.

The Law Office of Jason T. Komninos can help you - contact us for more information.

Have you received a letter in the mail from the New Jersey Motor Vehicle Commission warning you that your license will be suspended? If so, it is important to speak with an attorney, because there may be several defenses to the suspension.

- Why have you received this letter?

This letter is known as a Notice of Proposed Suspension. The MVC may suspend your license for a variety of reasons, including failure to pay surcharges, failure to maintain insurance, missing court dates, and failure to pay tickets.

- What can I do?

Call my office - 201.343.4622 - and speak with me. We can request a suspension hearing, which gives us the opportunity to raise various defenses against the suspension.

I have been successful in the past with reducing my clients' suspension periods.

Don't just accept your suspension, we can fight it!

The Law Office of Jason T. Komninos, located in Hackensack, Bergen County New Jersey is asked many questions regarding the law. Below find some of the more popular questions and our answers.

Why should I hire an attorney for Municipal Court?
Penalties for violations in Municipal Court can vary in severity. It is important to know what these penalties are and the possible defenses that you may be able to raise in court.

Can I afford to hire a lawyer for my Municipal Court case?
Even a simple traffic ticket can cause your insurance rates to increase. Over time, you may find that simply paying your ticket was too costly. My office offers affordable and competitive rates to defend your case in Municipal Court. You may find that hiring a lawyer now ends up saving you money later.
My office always offers free consultations, so it doesn't cost you anything to at least speak with an attorney and explore your legal options.

How do Traffic Violations affect my license?
Certain moving violations, such as Speeding, Careless Driving, Reckless Driving, etc. may result in points being assessed to your driving record. Accumulating points may result in insurance surcharges and even license suspension.
Other violations, such as Leaving the Scene of an Accident, DWI/DUI and Possession of CDS (controlled dangerous substances) may result in license suspension by the court.

I live out of state but I received a traffic ticket in New Jersey. I want to fight the ticket but I live far away and might not be able to come to court. How can a lawyer help me?
It is important to note that different states treat New Jersey traffic violations differently. However, if you are concerned about points transferring over to your record or you just want to avoid insurance surcharges, you can hire a local lawyer to help.
New Jersey law allows you to "Plea by Affidavit." This means that a lawyer can appear in court on your behalf to negotiate a plea bargain that may reduce or eliminate your points or fines. You would be responsible for submitting the affidavit to court, but you can do this by mail. Please note that a judge may still require you to appear in court.

What are the defenses to a DWI/DUI charge?
As with any traffic or criminal charge, the burden is always on the State to prove guilt. There are many procedures involved in a DWI/DUI charge that the police must follow when conducting their investigation.
Such procedures may include conducting field sobriety tests, conducting a 20 minute observational period, administering the Alcotest, etc. The State is required to provide a specific list of discovery to the Defendant to show that the police followed these procedures and that the Alcotest was working correctly.
Upon review of the discovery, it may be possible to prepare defenses to the DWI/DUI charge.

I have already been convicted of a charge. What can I do about it now?
New Jersey allows several remedies to a defendant who has previously been convicted or has entered a guilty plea to a charge.
Appeal: If you feel that the Municipal Court or Superior Court you were convicted in made a mistake, you may be able to appeal your case to the next level of the judicial system.
Expungements: Under certain circumstances, an individual may be able to "erase" their record. This involves filing a petition with the court.
Post-Conviction Relief: There may have been errors in the way your case was handled at the trial level or the penalties impose may have been too severe. If so, a Motion for Post-Conviction Relief may be appropriate.

If you feel that any of these remedies might be appropriate for you, please contact my office.

The Superior Court Criminal Divisions of each county of New Jersey are where more serious offenses may be handled.
Some of these offenses may include:

*Indictable Offenses/Felonies
*Criminal Mischief
*Theft
*Drug Crimes
*Violent Crimes

Conditional Discharge, Pre-Trial Intervention, Probation and Expungements

Depending on the nature of the offense and the Defendant's prior record, he or she may be eligible to enter one of New Jersey's diversion programs. These programs, such as Conditional Discharge, Pre-Trial Intervention (PTI), allow a person charged with an offense to carry out certain obligations imposed by the court. If successfully completed, the court may then dismiss the charges against the individual.

If you are concerned about your prior records, an expungement may be appropriate.

Other Practice Areas:

*Wills
*General Litigation
*Landlord/Tenant

Contact my office today for more information.

At the Law Office of Jason T. Komninos, I also provide per diem services to other attorneys and law firms. I charge competitive rates and am available to cover your matters including, but not limited to:

*Motion Hearings
*Depositions
*Trials
*Conferences
*Arbitrations/Mediations
*Legal Research, Document Review and Drafting

If you are in need of coverage for your matter, please contact my office today.

This lens has been prepared by mmllc for our client, Jason T. Komninos, Esq.