N.J.S.A. 39:4-51 — Sentence for violation of 39:4-50; service, work release; rules, regulations.

39:4-51 Sentence for violation of 39:4-50; service, work release; rules, regulations. A person who has been convicted of a first or second violation of section 39:4-50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not, after commitment, be released therefrom until the term of imprisonment imposed has been served. A person imprisoned in the county jail or workhouse may in the discretion of the court, be released on a work release program. No warden or other officer having custody of the county jail or workhouse shall release therefrom a person so committed, unless the person has been released by the court on a work release program, until the sentence has been served. A person sentenced to an inpatient rehabilitation program may upon petition by the treating agency be released, by the court, to an outpatient rehabilitation program for the duration of the original sentence. Nothing in this section shall be construed to interfere in any way with the operation of a writ of habeas corpus, a proceeding in lieu of the prerogative writs, or an appeal. The chief administrator shall adopt such rules and regulations to effectuate the provisions of this section as he shall deem necessary. Amended 1951, c.23, s.31; 1977, c.29, s.5; 2003, c.315, s.3. 39:4-51a No consumption of alcoholic beverages, cannabis items in motor vehicles; presumption; penalties. 1. a. A person shall not consume an alcoholic beverage or cannabis item as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) while operating a motor vehicle. A passenger in a motor vehicle shall not consume an alcoholic beverage, and shall not consume by means of smoking, vaping, or aerosolizing a cannabis item, while the motor vehicle is being operated. This subsection shall not apply, with respect to the consumption of an alcoholic beverage, to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service. b. A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage. For the purposes of this section, the term "unsealed" shall mean a container with its original seal broken, or a container such as a glass or cup. c. For the first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances. L.1983, c.307, s.1; amended 1999, c.356, s.20; 2021, c.16, s.83. 39:4-51b Prohibition of open, unsealed alcoholic beverage container or cannabis item in motor vehicle; fine. 6. a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container or unsealed cannabis item as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) that is intended to be consumed by means of smoking, vaping, or aerosolizing. This subsection shall not apply, with respect to the possession of an alcoholic beverage, to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service. b. A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container or unsealed cannabis item pursuant to this section if such container or unsealed cannabis item is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer. For the purposes of this section, the term "open or unsealed" shall mean an alcoholic beverage container with its original seal broken, or a container or package that is not the original container or package such as a glass, cup, box, bag, or wrapping. c. For a first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances. L.2000, c.83, s.6; amended 2021, c.16, s.84.

This is the verbatim text of N.J.S.A. 39:4-51, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.