We are frequently contacted by out of state drivers who have been charged with DWI, DUI, or Refusal in New Jersey. These individuals do not have a New Jersey Driver’s License: They have a motor vehicle license from another state and they were stopped on the roadways in New Jersey and given a summons for drinking and driving. These drivers are bound by New Jersey’s drinking and driving laws and they are subject to the penalties associated with that conviction. However, New Jersey has no ability to affect the driving privileges of these individuals in other states because their drivers license was not issued by the State of New Jersey. Basically, therefore, New Jersey can suspend their driving privileges in New Jersey and notify the State in which the drivers license is issued of the DWI conviction. The Division of Motor Vehicles in the home State will then decide what the penalties will be in terms of suspending the offender’s drivers license. The New Jersey courts do not have jurisdiction to decide what, if anything, will happen to the drivers license of the offender in the driver’s home state.
About John Marshall
Founding partner at The Law Offices of John Marshall.