Terms Used In New Jersey Statutes 39:4-50.18

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
3. a. The court shall notify the Chief Administrator of the New Jersey Motor Vehicle Commission when a person has been ordered to install an ignition interlock device in a vehicle pursuant to the provisions of P.L.1999, c.417 (C. 39:4-50.16 et al.). The commission shall require that the device be installed before restoration of the person’s driver’s license that has been forfeited pursuant to R.S.39:4-50 or section 2 of P.L.1981, c.512 (C. 39:4-50.4a).

b. The commission shall imprint a notation on the driver’s license stating that the person shall not operate a motor vehicle unless it is equipped with an ignition interlock device and shall enter this requirement in the person’s driving record. The expiration date of the device requirement shall not be imprinted on the license.

c. Notwithstanding the provisions of section 2 of P.L.1999, c.417 (C. 39:4-50.17), an ignition interlock device shall be removed on the date the person completes the installation period only if the person submits to the chief administrator a certification from the vendor that:

(1) during the final 30 days of the installation period there was not more than one failure to take or pass a test with a blood alcohol concentration of 0.08% or higher unless a re-test conducted within five minutes of the initial test indicates a blood alcohol concentration of less than 0.08%; and

(2) the person complied with all required maintenance, repair, calibration, monitoring, and inspection requirements related to the device.

d. If the vendor does not issue a certification to the person because there were two or more violations of paragraph (1) of subsection c. of this section, the vendor shall forward the violation information to the chief administrator and the court. The court shall decide whether to extend the period of ignition interlock device installation for up to 90 days or issue the certification to the chief administrator.

L.1999, c.417, s.3; amended 2019, c.248, s.5.

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