The NJ Police Chief Magazine Volume 26, Number 6 | Page 31

The New Jersey Police Chief Magazine | January 2020
Continued from previous page
Higher than 0.15 - must install ignition interlock at own cost
Suspension old 7-12 months
Interlock
new Until install of interlock and for 4- 6 months after installation
old 6 months – 1yr mandatory during suspension and 6 months -1 yr after suspension New Interlock remains
between 9- 15 months after license restored
If someone does not own a car.
Must swear to Court that they
Offense
BAC
1st
0.08 to 0.10
1st
0.10 to 0.15
1st
Over 0.15
2d offense
don’t own, lease or operate a motor vehicle. Therefore, they Lose License for Interlock Period
Suspension
3 months
7 to 12 months if you don’t own a car
9 to 15 months if you don’t own a car
2 to 4 years if you don’t own a car
For most working people it is better to buy a cheap car and pay for interlock so they can get your license restored
Second Offense if you own a car
Suspension
2 years 1 – 2 years
Interlock
1-3 years + during suspension period
Bar Assoc Seminar P.L.2019, c.248.
During period of suspension and 2- 4 years after restoration Source: NJ
11. Police do not have to inform tenant of right to deny entrance to apartment State v Teoshie Williams
In this appeal, the court addressed whether police officers must inform the occupant of a residence that he or she has the
right to refuse the officers' request to enter the residence. The court determined that while officers are required to inform the
occupant of the right to refuse to consent to a search of the premises, a similar requirement does not apply to requests to
simply enter the residence. Finding that the initial entry into defendant's apartment based on her consent to enter was
permissible, the court affirmed the trial court's denial of defendant's motion to suppress evidence seized in a subsequent
consent search of the apartment following a lawful protective sweep. (A-3944-16T2)
12. New Expungement Law makes expungement more available.
New Jersey expungement law signed December 18 will take effect on June 15, 2020. L. 2019, c.269 will increase the number
of records of arrests and convictions that can be expunged.
S4154 creates a petition process for “clean slate” expungement for residents who have not committed an offense in ten years
and who have not been convicted of the most serious crimes.
The bill also requires the State to implement an automated clean slate expungement system, which will be developed by a task
force charged with studying the technological, fiscal, and practical issues and challenges associated with such a system.
Further, the bill requires that low-level marijuana convictions be sealed upon the disposition of a case, preventing those
convictions from being used against those individuals in the future. It also makes numerous other changes to existing
expungement procedures, including the creation of an e-filing system that would eliminate filing fees to petition for an
expungement.
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