With a conditional discharge, a loss of your license is not mandatory in New Jersey. One of the attorneys here at Riviere Advocacy Group LLC may be able to argue in your favor, allowing the court to grant you a stay of suspension.
Offenses involving drugs at the municipal court level can be conditionally discharged in many instances, provided it is a first-time offense. This program allows you to enter a period of probation; if completed successfully, the original charges are dismissed, leaving you without a criminal record and, most importantly, keeping you on the road. If you are facing drug charges in Jackson or surrounding areas, contact us to see if you qualify for this program.
The definition and terms for Conditional Discharge in New Jersey are contained at N.J.S.A. 2C:36A-1. A conditional discharge is limited to a Disorderly Persons Offense involving drugs, (i.e., possession of marijuana or drug paraphernalia) in municipal court. There are exclusions that may prevent you from receiving a conditional discharge. Typically you cannot have a prior conviction for a controlled dangerous substance offense. If you have already received a prior conditional discharge you are ineligible for a conditional discharge. However the statute is not clear that a prior PTI disqualifies you from conditional discharge.
Once you received a conditional discharge you must abide by the conditions imposed by the court. If you violate the conditions of your discharge, you will be terminated from probation and you once again have to face the original criminal charges against you. In most case a conditionally discharge involves minimal or no supervision.
The law says, “In no event shall the court require as a term or condition of supervisory treatment under this section, referral to any residential treatment facility for a period exceeding the maximum period of confinement prescribed by law for the offense for which the individual has been charged or convicted, nor shall any term of supervisory treatment imposed under this subsection exceed a period of three years.”
So the most one can be supervised for is for three years and this happens rarely. In those courts where they take a more active approach you may have to submit to random drug testing to show the court that you are drug free.
A first time conviction of driving without insurance, results in fines between $300 and $1,000, community service, and a one year suspension of the your driver’s license.
Your exposure to penalty increases for a second, third or subsequent offenses of driving while uninsured. Upon conviction of a 2nd offense you will be fined up to $5,000, have to perform 30 days of community service, serve 14 days in jail, and your driver’s license will be suspended for two years.
The state of New Jersey imposes mandatory surcharges you operates a vehicle in violation of N.J.S.A. 39:6B-2. Additionally, insurers impose a separate penalty or surcharge on motor vehicle policies when there is a lapse in coverage.
