When Police Officers “Run Your License Plate” – Stops from Mobile Data Terminals

Man being pulled over by police

Police officers regularly run license plate checks – also known as “running your license plate” – for many reasons including to see if a vehicle is stolen, to find out more information about a vehicle or its driver after a stop, or to determine the ownership of the vehicle if it is abandoned.

In fact, officers have the right to check license plates randomly while on routine patrol for no specific reason whatsoever. In order to perform a vehicle license plate or registration check, police officers use special laptop computers called a mobile data terminal to discover information about people and motor vehicles quickly. Subsequently, these checks often lead to other evidence of criminal activity – including whether a vehicle is currently owned by a driver on the revoked or suspended driving list.

Mobile data terminals can provide detailed information about active arrest warrants, records from the New Jersey Motor Vehicle Commission, and alerts in the National Crime Information Center. Law enforcement consider mobile data terminals an invaluable crime-fighting tool for police agencies in New Jersey.

Are Random License Plate Checks Legal?

As a driver, you may be wondering if it is legal for a police officer to run your license plate if you have not done anything wrong or suspicious. In New York v. Class, the United States Supreme Court essentially held that people have no expectation of privacy in their license plate numbers, which are displayed for ease of view both day and night. Therefore, police officers do not need to act reasonably to select a license plate to research in a mobile data terminal – they can act based on suspicion or even randomly.

Limits on License Plate Checks and Information

There are limits on how a police officer can conduct a license plate check, however. First, in State v. Segars, the New Jersey Supreme Court made it clear that a police officer cannot run a license plate check for racial or ethnic reasons, meaning an officer cannot run your plates just because you are Black, White, Hispanic, Asian, or any other race. If you feel you have been targeted for a license plate check for a prohibited reason, it is extremely important to obtain an experienced attorney, because the defendant bears the burden of showing that a check was made with discriminatory intent.

Second, in the case of State v. Donis, the New Jersey Supreme Court established that a license plate check can only reveal basic information, such as the registration status of the vehicle and the license status of the owner of the vehicle – no other personal information can be revealed based on an initial search. If the officer then finds that the vehicle is unregistered, stolen, or otherwise prohibited from being on the roadway, then he or she may access personal information of the owner. The officer may also access personal information if the owner is unlicensed or on the revoked list.

How You can Be Charged for a Crime Based on a License Plate Check

If you are a driver on the suspended or revoked license list, it is important to recognize that a mobile data terminal will report that the license plate of a vehicle belongs to a driver on the revoked list or who is unlicensed. In State v. Donis, the New Jersey Supreme Court noted that this information, paired with information that the driver of the vehicle matched the owner of the vehicle, gives a police officer reasonable suspicion to pull a vehicle over and conduct further investigation.

Therefore, even if you are being completely careful, obeying every driving law, and performing no suspicious actions, you can still be pulled over if you have any vehicle restrictions associated with your license plate. This could lead to you being charged with driving with a revoked license, or to the police officer discovering that you are driving under the influence of alcohol or drugs.

The consequences of driving with a suspended license as well as drunk driving are very serious and can include fines, further loss of driving privileges, and even jail time.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Explain and Fight for Your Rights

If you or someone you know is pulled over based on a license plate check and you are charged with a crime, it is extremely important to contact an experienced DUI / DWI attorney who can explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer can help argue on your behalf to get you the best result possible and can make all the difference. To speak with an experienced New Jersey DWI / DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Why Sentencing Can Be Complicated if You Are Convicted of Driving with a Revoked or Suspended License

Person being handcuffed

One of the harshest punishments involved with driving under the influence of alcohol or drugs is losing one’s driving privileges after a driver is convicted. When your license becomes revoked or suspended, you may lose your ability to drive to work and earn money to support your family —New Jersey does not allow for any temporary, provisional or “work” licenses. Suspension can also affect your ability to take your children to school, go to the supermarket, and do other things that seem essential. You may be on the revoked list for many reasons, and, regardless of the reason for your suspension, if your license has been revoked, the law says you cannot operate a motor vehicle in New Jersey during the period of your suspension for any reason.

Nevertheless, many people decide to drive without a valid license, every day. Thousands of drivers on the revoked list are pulled over for routine traffic stops every year in New Jersey, and if you are convicted of driving with a revoked license, you can face additional and severe consequences.

Unfortunately, sentencing issues for drivers who are convicted of driving on the revoked list presents many challenges, even for professionals who deal with DUI / DWI questions every day like judges and lawyers. There are three reasons why difficulties with this area of law exist. First, the statute that governs driving on the revoked list is somewhat unclear, and can require conflicting sentencing alternatives in certain situations. Second, judicial opinions written by the various Courts of the State of New Jersey have disagreed with each other in the past, and new laws sometimes make old cases inapplicable with a law change that happened after the case was decided. Finally, the law has failed to address how a driver should be sentenced if more than one of the sentencing enhancements written into the law applies.

Because this area of law is so complicated, it can become very important for you obtain an experienced DUI/DWI attorney to represent you, because a lawyer who understands these issues will be best prepared to get you the best result when your case goes to court.

An Example of Contradictory Mandates and Court Opinions

The driving with a suspended or revoked license law, N.J.S.A. 39:3-40, sets forth certain general punishments for anyone who is convicted of driving with a suspended license. There are also special provisions in the law that apply depending on how, why, or how many times your license has been suspended, and these may increase or decrease your punishment, or provide you with an alternative punishment such as paying a fine and pleading to a different charge completely.

In State v. Wrotny, which was decided in 1987, the Court determined that the special provisions included additional consequences that should be applied in addition to the general punishments. However, in State v. Rought (1987) and State v. Walsh (1989), the Court determined that the special provisions replaced the punishments set forth in the general provisions. Newer cases may agree or disagree with any of these cases, or may set forth a new rule entirely. For that reason, if you are charged with driving with a suspended license, it can be almost impossible to understand what is at stake if you are not experienced and completely familiar with DUI/DWI law.

An Example of Difficulty with Enhancements

If you are pulled over and found to be driving with a revoked license, you could also be facing jail time if convicted. How much jail time? There may not be a straight-forward answer.

For instance, if you are convicted of driving with a suspended license, and have had two prior convictions for driving on the revoked list, you would normally face a jail sentence of ten days and a set fine of $1000. However, certain circumstances can enhance your jail sentence if you were on the revoked list as a result of a drunk driving conviction that included an injury to another person that also happened to be within 1000 feet of a school, you could face multiple enhancements that increase your jail time to 60 days or 90 days, or more depending on if the jail sentences are added together or substituted for the original ten-day sentence. Likewise, your monetary fine could stay the same, be doubled, or tripled, or more depending on how the law is read.

The Need for an Experienced DWI / DUI Attorney

At the end of the day, if you are charged with driving with a suspended or revoked license, you are will be facing serious penalties no matter what. Nonetheless, the question of whether you lose your license for an additional 6 months or 30 months is extremely important, and the issues may not be something you can understand if you wait until you go to court to ask a prosecutor or judge for an explanation. Because this area of law is so confusing, an experienced drunk driving lawyer will be able to take the time, sit down with you and review your case, and explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer can help argue on your behalf to get you the best result possible.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Explain and Fight for Your Rights

A charge for operating a motor vehicle with a revoked or suspended license can result in serious and complicated penalties that affect you and your loved ones. If you are charged with driving with a suspended or revoked license in New Jersey, an experienced DWI / DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

New Jersey DWI – DUI Lawyer – Driving on a Revoked or Suspended License

Losing one’s driving privileges is often much more devastating than people anticipate.  You are not able to drive to work—New Jersey does not allow for any temporary, provisional or “work” licenses – you are not able to drive to school; you are not able to drive to the supermarket to purchase food for your children, or take them to the hospital in the event of a life-threatening emergency.  Quite simply, there is no flexibility in the law when it comes to a revoked or suspended driver’s license.  This especially holds true if you live in an area without public transportation, or have no family to assist you.

You may be on the revoked list for many reasons—you may have a prior DWI conviction, you may have failed to pay drunk driving surcharges to the Motor Vehicle Commission, or your license may have been suspended or revoked in another state.  Regardless of the reason for your suspension, if your license has been revoked, you cannot operate a motor vehicle in New Jersey during the period of your suspension for any reason.

Nevertheless, many people decide to drive without a valid license, gambling with their future, and betting that they won’t get caught.  Thousands of drivers on the revoked list are pulled over for routine traffic stops every year in New Jersey.

New Jersey License Suspension

If you are caught driving on a suspended license, you could face enormous fines, a mandatory 90 day jail sentence, steep motor vehicle surcharges, and an additional period of license suspension.  You will also face expensive collateral consequences that can financially hobble you for years (including expensive taxi rides and lost job opportunities).  These are consequences that you will have to face even if you are not aware that your license has been suspended.

There are several strategies that can be employed if you are charged with driving on a revoked license, that at the very least can give you a fighting chance against the imposition of an additional period of license suspension or jail time.  First, the governing statute N.J.S.A. 39:3-40 does not prohibit alternatives to jail time, such as community service, so under certain circumstances it is possible to request an alternative punishment during sentencing.  Second, charges for driving on a suspended license can be reduced through plea bargaining (whereas plea bargaining is not an option for DWI offenses).  Additionally, you may be able to avoid jail time if you entered a plea without being represented by an attorney, or in violation of your constitutional rights or New Jersey Court Rules.

Top New Jersey Drunk Driving Lawyer Edward M. Janzekovich Represents People Charged With Driving on a Suspended License

We understand how devastating the consequences of losing your license can be.  If you have been charged with driving on a suspended license, you could face an even longer suspension period, jail time and other life changing consequences.  Don’t take chances with your future.  To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today.  We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County, including Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater and Tinton Falls.