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****Due to a computer error, change of address stickers affixed to registration and driver licenses may contain inaccurate information for residents living in Millstone. Motorists residing in zip code 08535 received change of address stickers printed with the zip code 07726. Please be advised that the MVC is looking to correct this error and that the other information on the driver license is accurate.**** Senate Bill 1099's amendment of N.J.S.A. 39:4-97.3. Summary of the Bill: S- 1099 also amends N.J.S.A. 39:4-97.3 to address the issue of plea bargaining. You expressed concern about how this would operate. The proposed new section directs that ,if a driver uses a violation of N.J.S.A. 39:4-97.3 as an alternative offense in a plea agreement to any other Title 39 offense that would result in the assessment of vehicle points, the penalties to be imposed would be those set forth in N.J.S.A. 39:4-97.2 - the unsafe driving statute. As an example, if a driver were charged with a moving offense that carried an assessment of 2 vehicle points and the driver pleaded to N.J.S.A. 39-4-97.3 - unlawful use of a wireless phone/electronic communication device, the driver's penalty would not be the $100 fine and no points assessed of N.J.S.A. 39:4-97.3, but rather the penalties provided by the unsafe driving statute. These would include payment of a surcharge of $250 and: for the first offense, a fine of not less than $50 or more than $100 and no vehicle penalty points assessed for the second offense, a fine not less than $100 or more than $250 and no vehicle penalty points assessed for the third offense or subsequent offense, a fine of not less than $200 or more than $500 and assessment of vehicle penalty points. According to the MVC violation schedule, a third offense for unsafe driving carries a four point penalty.There would be no reason to plead down to unlawful operation of a wireless phone to avoid points if the plea would be treated as third offense under the "unsafe driving" statute. In conclusion, S-1099 would permit a driver facing a Title 39 offense that would assess vehicle points to plead down to unlawful use of a wireless telephone/electronic communications device to avoid points but would require the driver to pay the higher fines provided by the unsafe driving statute. As noted, since points are assessed for a third offense under the unsafe driving statute, there would likely be no reason to make such a plea to avoid assessment of points if it would be treated as a third offense under the unsafe driving statute. From The U.S. Department Of State Announcement: All Consular Notification Requirements Remain in Effect The obligations of American law enforcement personnel regarding consular notification and access for arrested or detained foreign nationals are unchanged by this event. Here are the key facts: The U.S. remains a party to the Vienna Convention on Consular Relations (VCCR), and all of our obligations under this treaty remain in effect, including our obligations with regard to consular notification The U.S. is fully committed to compliance with our international legal obligations under the VCCR, and actively works to improve compliance nationally American law enforcement personnel must continue to inform, without delay, all foreign nationals who are arrested or detained that consular officials of their country may be notified of the detention If the detainee requests it, law enforcement personnel must continue to notify consular officials from the detainee’s country of the detention and must continue to give such consular officials access to the detainee. The requirements to notify consular officials of all detentions of nationals of certain countries (“mandatory notification”) also remain in effect. Official instructions for Federal, State, and Local law enforcement and other officials concerning the rights of Foreign Nationals in the United States. Information and guidance regarding: http://travel.state.gov/law/consular/consular_753.html http://travel.state.gov/law/consular/consular_636.html The arrest and detention of foreign nationals The deaths of foreign nationals The appointment of guardians for minors or incompetent adults who are foreign nationals Related issues pertaining to consular services to foreign nationals in the US All levels of law enforcement must ensure that foreign governments can extend appropriate consular services to their nationals in the U.S. and that the U.S. complies with its legal obligations to such governments. It is essential that U.S. citizens be offered the same consular services when they are detained abroad. To require that of other countries, we must be certain we provide this courtesy here. These instructions must be followed by all federal, state, and local government officials, whether law enforcement, judicial, or other, insofar as they pertain to foreign nationals subject to such officials' authority or to matters within such officials’ competence. Your cooperation in ensuring that foreign nationals in the United States are treated in accordance with these instructions permits the U.S. to comply with its consular legal obligations domestically and will ensure that the U.S. can insist upon rigorous compliance by foreign governments with respect to U.S. citizens abroad. AND THE ATTORNEY GENERAL OFFICE OF EMPLOYEE RELATIONS During periods of inclement weather or other adverse situations when State operations and services may be curtailed, some employees are required to report for work due to the critical nature of their job duties. These employees are deemed to be "essential employees" by the State and are authorized to travel to their work station. These employees have been issued stickers to affix to the back of their official State of New Jersey identification which state "The bearer of this I.D. has been designated by the State of New Jersey as an essential employee of the State." Individuals bearing such State identification with the sticker endorsement should be allowed to travel even in inclement conditions when travel is otherwise unauthorized. Please take all necessary steps to advise all OEM and law enforcement agencies within your county of this information and the need to permit State of New Jersey "essential employees" to travel to their workstations. Thomas J. Balint, Jr. Deputy Attorney General State of New Jersey Office of the Attorney General PO Box 081 Trenton, New Jersey 08625 (609) 943-5327 (609) 633-0557 (fax) WE SALUTE OUR FIGHTING MEN AND WOMEN |