New laws Elimination of mandatory DL suspensions related to drugs

New lawsElimination of mandatory DL suspensions related to drugs   

    repealed 2C:35-16 - Forfeiture or postponement of driving privileges for conviction for a person convicted of or adjudicated delinquent for a violation of any offense defined in chapter  35 Drugs or chapter 36 Paraphernalia

NJSA 39:4-49.1 No more loss of license for the CDS in Motor Vehicle 39:4-49.1.  

 No Insurance PenaltiesNJSA 39:6B-2  No more mandatory suspension on no insurance

Phony ID Misrepresenting age to induce sale or delivery to minor; disorderly person NJSA 33:1-81 –No more mandatory DL suspension

39:4-56.5 Abandonment of motor vehicle revised 2019

No more DL suspension 

  The following sections are repealed:

Repealed N.J.S.2C:35-16 section 2 of P.L.1981, c.365 was Forfeiture or postponement of driving privileges for conviction for a person convicted of or adjudicated delinquent for a violation of any offense defined in chapter  35 Drugs or chapter 36 Paraphernalia

section 2 of P.L.1993, c.296 (C.39:5-30.13). No more licensesuspension

Repealed N.J.S.2B:12-31 Driver’s license suspension for Fail to appear for disorderly persons offense, a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State 

Repealed 2A:4A-43.3.Suspension, postponement of right to operate motor vehicle [was with 2A:4A-43) for an initial act of graffiti ] section 6 of P.L.1995, c.251 (C.2A:4A-43.3);

Repealed 2C:33-3.1 Penalties for juvenile violating N.J.S.2C:33-3.False public alarms. No more Driver license suspension section 2 of P.L.1999, c.195 (C.2C:33-3.1);

Repealed 39:4-203.2. Failure to comply with installment order; additional penalties -No more driver license suspension

39:5-30.13. repealed Suspension, revocation, postponement of driving privilege for persons convicted of certain drug offenses in any federal court or other states

New Law Advisory Concerns driver’s license suspension for certain crimes and offenses from the AOC 

Issued: February 26, 2020 

To: Assignment Judges and NJ Judges

Subject: L. 2019, c. 276 – Concerns driver’s license suspension for certain crimes and offenses. 

Enacted: December 20, 2019 

Effective: December 27, 2019 for Section 12 Issued: February 26, 2020 

Enacted: December 20, 2019 

Effective: December 27, 2019 for Section 12 and subsection b. of Section 20 

Area of Law: Criminal, Municipal, Family 

On December 20, 2019, Governor Murphy signed S1080 into law as L. 2019, c. 276. Two provisions of this new law, namely Section 12 and subsection b. of Section 20, took effect on December 27, 2019. The remainder of this new law will take effect on January 1, 2021. 

Section 12 and subsection b. of Section 20, took effect on December 27, 2019 when the Governor submitted a certification to the Secretary of Transportation expressing his opposition to the enactment or enforcement of a law requiring driver’s license suspension for drug offenses as set forth in 23 U.S.C. § 159(a)(3)(A).

 Section 12 amended N.J.S.A. 39:4-49.1 to eliminate the suspension, revocation or postponement of driving privileges for a person who operates a motor vehicle on a highway while knowingly having in the person’s possession or in the motor vehicle any controlled dangerous substance or prescription drug without a valid prescription. Regarding the fine, this section excludes those persons who violate the provisions of N.J.S.A. 2C:35-10 (Possession, use or being under the influence, or failure to make a lawful disposition) 

Also effective on December 27, 2019 is subsection b. of Section 20 which repealed N.J.S.A. 2C:35-16 and 39:5-30.13. New Jersey Statute 39:5-30.13 allowed for the suspension or postponement of driving privileges for persons convicted of or adjudicated delinquent for a drug offense in State court, federal court, or the District of Columbia. This law has been repealed. 

Also repealed effective December 27, 2019 is N.J.S.A. 2C:35-16 which provides for the forfeiture or postponement of driving privileges of anyone convicted of or adjudicated delinquent for an offense under Chapters 35 or 36 of Title 2C as well as the suspension, revocation or postponement of driving privileges for those persons admitted to supervisory treatment, i.e., conditional discharge under N.J.S.A. 2C:36A-1, or pretrial intervention under N.J.S.A. 2C:43-12, without a plea of guilty or finding of guilt. 

More information and statute at