FISCAL NOTE TO

ASSEMBLY, No. 52

STATE OF NEW JERSEY

DATED: DECEMBER 27, 1996

      Assembly Bill No. 52 of 1996 permits a person whose driver's license has been forfeited upon conviction of a first offense of operating a motor vehicle while under the influence of an intoxicant to apply for a restricted use driver's license in order to travel to and from his place of employment or education, or both.

      A person who obtains a restricted use driver's license is subject to certain penalties if he violates the restrictions imposed on him or violates motor vehicle laws while the restricted use license is in effect. If the licensee operates a motor vehicle between points or during hours other than those indicated on the license, he will receive penalties based on those imposed upon a person convicted of a second offense of drunken driving. If, during unauthorized operation of a motor vehicle, he is involved in an accident resulting in death or personal injury, he will receive the same penalties, except that he will be sentenced to imprisonment for not less than 45 days. If a licensee commits a moving violation while operating a motor vehicle as authorized on the restricted use license, the restricted use license immediately will be revoked. If a licensee commits another violation while the restricted use license is in effect, he will be fined not less than $1,000.00 or more than $1,500.00, will be imprisoned for 180 days, and will forfeit his right to operate a motor vehicle for 10 years. These penalties are based upon the penalties imposed for a third or subsequent offense of drunken driving, except that the maximum fine is higher and the sentence of imprisonment cannot be reduced by the performance of community service.

      The Administrative Office of the Courts (AOC) states that it maintains no statistics on the number of individuals convicted as a first offender under the applicable statute. As a result, no accurate fiscal estimate can be made. The AOC adds that the potential costs and revenue generated by this bill would be determined by the following variables:

1) Only those defendants convicted of a first offense are eligible;

2) The applicant obtain and submit the appropriate certification;

3) The court recommend the applicant for the restricted license;

4) The Division of Motor Vehicles grant the license.

      The Office of Legislative Services concurs.

This fiscal note has been prepared pursuant to P.L.1980, c.67.