Violating A Provisional License

[roksteady]

I live in NJ and recently I was pulled over for speeding and violating my provisional. I had two other people in the car. I know I violated my provisional but it was for a good reason. We all go to the same school and we take Journalism together. Well, the field trip our teacher kept planning kept getting canceled beacause the bus would never come or in one case one of the drivers actually died. This happened 4 times. On the fifth time a SMALL bus came, which clearly would not fit a class of 25 or so students. So, the teacher said she was sick of waiting and wanted to get the field trip over with and asked if those who had a car would drive down to Newark (35 miles from the school). I agreed and took 2 other people with me.

When we were comming home, I apparently was going 63 in a 40 two-lane mini highway. Which is impossible. The street I was on was a hill and my car is set to flash a warning light when my speed exceeds 55. I was in the outside lane and an Acura was approaching fast. It past me and braked out of no where. When he braked I moved in front of it and that's when the cops came after me. Two days later I found out the dealer had forgotten to change my brakes. I bought my car used and a brake job is usually mandatory. So that would explain why I couldn't slow down the hill.

The cop who pulled me over said he would make sure I lose my license. What's the worst that could happen? I read online that I could have my license suspented for 6 months.

[seniorjudge]

...The cop who pulled me over said he would make sure I lose my license. What's the worst that could happen? I read online that I could have my license suspented for 6 months....

Sounds like this is the worst that could happen.

[Mr. Knowitall]

"It's impossible that I was going 63, because I would have seen a flashing light. Besides, it's not my fault because my brakes weren't working and I couldn't slow down." That's not a story I would want to argue to a judge.

4.The holder of a special learner's permit shall be entitled to a provisional driver's license (1) upon attaining the age of 17 years, (2) upon the satisfactory completion of an approved behind-the-wheel automobile driving education course as indicated upon the face of the special permit over the signature of the principal of the school or the person operating the drivers' school in which the course was conducted,(3) upon the completion of six months' driving experience with a validated special learner's permit in compliance with the provisions of section 6 of P.L.1977, c.25 (C.39:3-13.2a) and (4) upon passing the road test pursuant to R.S.39:3-10.

The holder of a provisional license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle besides persons with whom the holder resides, except that this passenger restriction shall not apply when either the holder of the provisional license or one other passenger is at least 21 years of age. Further, the holder of the provisional license who is under 21 years of age shall not drive during the hours between 12:01 a.m. and 5 a.m.; provided however, that this condition may be waived for an emergency which, in the judgment of local police, is of sufficient severity and magnitude to substantially endanger the health, safety, welfare or property of a person or for any bona fide employment or religion-related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the director. The holder of the provisional license shall not use any interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway. "Use" shall include, but not be limited to, talking or listening on any interactive wireless communication device or operating its keys, buttons or other controls. In addition, the holder of the provisional license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system. In addition to any other penalties provided under law, the holder of a provisional license who accumulates more than two motor vehicle points or is convicted of a violation of R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5; subsection c. of N.J.S.2C:12-1 or any other motor vehicle law the director deems to be significant and applicable pursuant to regulation shall, for the first violation, be required to satisfactorily complete a remedial training course of not less than four hours which may be given by the division, a drivers' school licensed by the director pursuant to section 2 of P.L.1951, c.216 (C.39:12-2) or any Statewide safety organization approved by the director. The course shall be administered pursuant to rules and regulations promulgated by the director and subject to oversight by the division. The authority of the director to suspend, revoke or deny issuance of an initial or renewal license to operate a drivers' school or an instructor's license, and to assess fines, pursuant to P.L.1951, c.216 (C.39:12-1 et seq.) shall apply to any violations related to the administration of a remedial training course. The permit holder shall also remit a course fee prior to the commencement of the course. When notified by a court of competent jurisdiction that a provisional license holder has been convicted of a second or subsequent violation, in addition to any other penalties provided under law, the director shall, without the exercise of discretion or a hearing, suspend the provisional license for three months and shall postpone eligibility for a basic license for an equivalent period. In addition, when the director is notified by a court of competent jurisdiction that a provisional license holder has been convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle, and he is not otherwise subject to any other suspension penalty therefor, the director shall, without the exercise of discretion or a hearing, suspend the provisional license for six months.

A provisional license may be sent by mail and shall be clearly identifiable and distinguishable in appearance from a basic license by any name, mark, color or device deemed appropriate by the director.

[seniorjudge]

"It's impossible that I was going 63, because I would have seen a flashing light. Besides, it's not my fault because my brakes weren't working and I couldn't slow down." That's not a story I would want to argue to a judge.

Yeah, them judges tend to think the person behind the steering wheel is responsible!

They're funny that way....

[roksteady]

My car really didn't have breaks. The cop pulled me over going uphill and when I got home my car went into the garage. My driveway goes downhill.

[Mr. Knowitall]

"I wasn't speeding, but if I was it was because I was violating my provisional license and transporting a bunch of kids in a car with no brakes."

No, for some reason I'm still not seeing it as being convincing to a judge....

[roksteady]

Would I be able to get a restricted licensen NJ?

[Mr. Knowitall]

Not from what the statute above says. Ask the DMV.