Pennsylvania, Delaware and other Out of State Drivers arrested in
New Jersey for DWI:
How Would a New Jersey DWI Conviction Be Treated by My Home State?
If you are an out-of-state driver convicted of a NJ DWI / DUI charge, you will not be able to drive in the state of New Jersey for the applicable suspension time period. Furthermore, out-of-state drivers should be aware that New Jersey will report the matter to their home state. After your home state learns of the conviction, they will most likely suspend your driver’s license, too. The duration of your home state license suspension would be the length of suspension you would have received, had the conviction occurred in your home state.
Most states comply with the “Drivers License Compact,” an agreement that stipulates if a driver receives a ticket in a state other than the one where he / she is licensed, the DMV will report the ticket to the driver’s home state. The purpose is to make drivers accountable in their home states where they will receive points on their driving record and insurance surcharges. They will also incur a license suspension in both the state they were convicted in, as well as their home state. Because New Jersey has agreed to become a member of the above-mentioned compact, an out-of-state driver convicted of DWI or any other traffic violation in New Jersey will be reported to their home state.
Five states have refused to become members of the Drivers License Compact: Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. Although Georgia, Michigan, and Wisconsin are not members of the Compact, they still inform the “home state” when a driver receives a traffic tickets in their state.
If you are a Pennsylvania driver, see http://www.nj-dmv-dwi.com/parts/newlaw.html. If you have no prior convictions for DUI / DWI on your PA license, you will not lose your PA driving privileges. However, there are still many reasons to investigate and possibly challenge the NJ DWI. Please call me to discuss this. If you have a prior conviction on your PA driver's license, you will be suspended in PA for at least one year.
Delaware licensed motorists convicted of a DWI charge in New Jersey will lose their New Jersey driving privileges for three months to one year on a first conviction. Additionally, they will lose their driving privileges in Delaware for 12 months. The home state suspension will ordinarily begin one month to four months after being convicted of the DWI in New Jersey. The clock starts ticking on the 12 month suspension once the driver acknowledges the notice of suspension.
As a result of the harsh penalties described above, there is no incentive for Delaware drivers to just plead guilty to a DWI in the state of New Jersey. For PA drivers - If you have any previous PA DUI convictions, it is also not reasonable to just plead guilty to the NJ DUI. It is critical in these circumstances to determine whether you can win the DWI / DUI charge.
Out-of-state drivers arrested on DWI charges in New Jersey should contact Levow & Associates to determine how to reduce the possibility of being found guilty of DWI and how to fight this charge.
In the event that the charge is “refusal,” we’ve had success in helping clients retain their home state driving privileges. Please call us today for a free consultation.
How Would Certain Driving Violations Be Treated in Other States?
If convicted of DWI in New Jersey, the states of Colorado, Ohio, and Wisconsin will not add points to your driver’s records. In Colorado, out-of-state traffic tickets for infractions like speeding will not be added to your record. However, an out-of-state DUI conviction will definitely be added to your record.
New York has similar laws as Colorado. However, if the tickets or convictions were received in Quebec or Ontario, Canada - points for traffic violations will be added to the New York driver’s record.
Georgia and Michigan will add points to the motorist’s driving record for out-of-state violations.
Kentucky does not add points for speeding tickets from other states, but does add points for other violations.
Only if the traffic violation results in license suspension will Vermont and North Carolina report the infraction to another state. If the infraction does not result in a license suspension it will not be reported to the home state.
In North Carolina - if the violation is cause for license suspension, the state will assess points for out-of- tickets.
In order for a speeding ticket to be placed on a driver’s record in Arizona, Iowa, Kansas, Minnesota, South Dakota, and Wyoming, the motorist must have been traveling at least 10 miles per hour over the speed limit. If the same ticket is issued to an out-of-state driver in any of these states, the ticket may be reported to the home state and points assessed.
South Dakota does not add points for speeding violations.
About the Non-Resident Violator Compact
The Non-Resident Violator Compact (NRVC) is used by 44 states to process traffic violations across state borders.
When an out of state motorist incurs a driving infraction in a member state but doesn’t acknowledge or pay the ticket, the driver's home state will suspend the driver's license.
Certain infractions do not apply such as parking violations or expired inspection stickers.
Disclaimer: The accuracy of the information contained in this document is not guaranteed. Contact local authorities for verification.
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