SENATE, No. 2797

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED APRIL 11, 2011

 


 

Sponsored by:

Senator† DAWN MARIE ADDIEGO

District 8 (Burlington)

 

 

 

 

SYNOPSIS

†††† ďMelanie A. Cantwell Law;Ē requires MVC to issue modified license to person convicted of driving under the influence.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning driving under the influence, designated as the Melanie A. Cantwell Law, and supplementing chapter 4 of Title 39 of the Revised Statutes.

 

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

 

†††† 1.††† The Chief Administrator of the Motor Vehicle Commission shall design a modified driverís license to be issued to any person who has been convicted of driving under the influence pursuant to R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).† The modified license shall include one emblem if a person has been convicted of one offense, two emblems if a person has been convicted of two offenses, and three emblems if a person has been convicted of three offenses.

 

†††† 2.††† a.† Any person convicted of a first offense of driving under the influence pursuant to R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14) shall not operate a motor vehicle over the highways of this State after the period of license suspension has elapsed unless the person has obtained a modified driverís license from the Motor Vehicle Commission indicating that the person was found guilty of driving under the influence once.† The person shall not obtain an unmodified driverís license from the Motor Vehicle Commission earlier than 24 months after the date of conviction.

†††† b.††† Any person convicted of a second offense of driving under the influence pursuant to R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14) shall not operate a motor vehicle over the highways of this State after the period of license suspension has elapsed unless the person has obtained a modified driverís license from the Motor Vehicle Commission indicating that the person has been found guilty of driving under the influence twice.† The person shall not obtain an unmodified driverís license from the Motor Vehicle Commission earlier than 60 months after the date of the later conviction.

†††† c.†††† Any person convicted of a third offense of driving under the influence pursuant to R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14) shall not operate a motor vehicle over the highways of this State after the period of license suspension has elapsed unless the person has obtained a modified driverís license from the Motor Vehicle Commission indicating that the person has been found guilty of driving under the influence three times.† The person shall not be eligible to obtain an unmodified driverís license from the Motor Vehicle Commission.

 

†††† 3.††† Any person required to obtain a modified driverís license pursuant to the provisions of this act shall be responsible for all costs incurred by the State in the production of the modified driverís license.

 

†††† 4.††† The Chief Administrator of the Motor Vehicle Commission shall promulgate rules and regulations, pursuant to the "Administrative Procedures Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.†

 

†††† 5.††† This act shall take effect on the first day of the 13th month following enactment.†

 

 

STATEMENT

 

†††† This bill would require any person convicted of driving under the influence to obtain a modified license from the Motor Vehicle Commission.

†††† Upon a first conviction, a person would obtain a modified license with one emblem; the person could not obtain an unmodified driverís license for two years.† After a second conviction, a person would be provided with a driverís license with two emblems, and the person could not obtain an unmodified license for five years.† A person with three convictions would have three emblems on their license and would never be eligible for an unmodified license.†

†††† Drunk drivers present a significant public safety risk to residents of this State, and repeat offenders are particularly dangerous.† Mothers Against Drunk Driving reports that about one third of drivers arrested or convicted of driving under the influence are repeat offenders, and repeat offenders are approximately 40 percent more likely to be involved in a fatal crash than those without a prior conviction.

†††† This bill is named the ďMelanie A. Cantwell LawĒ to honor the memory of Melanie A. Cantwell who was killed by a drunk driver with a previous conviction for driving under the influence.†