Criminal Defense Lawyers

NJ Probationary or Graduated Drivers

Getting your driver’s license is a rite of passage for most teenagers. But in New Jersey, teens have to go through a few steps before getting their full, unrestricted license. New Jersey has a graduated driver’s license (GDL) system that phases in driving privileges over time and under certain conditions. The goal is to give new drivers more experience under supervision so they’re less likely to get into an accident.

The Permit Phase

This is where it all starts. Teens as young as 16 can get a learner’s permit in NJ. With a permit, you can drive as long as someone who’s over 21 with a valid license is in the passenger seat. This is your chance to get comfortable behind the wheel with an experienced driver there to coach you.

To get your learner’s permit, you’ll need to:

• Be at least 16 years old
• Pass a written knowledge test
• Get parental consent if you’re a minor
• Provide ID like a birth certificate
• Pass vision and medical screening

Once you have your permit, you’ll have to hold it for at least 6 months before moving to the next phase. During those 6 months, you’ll need to practice driving! Try to drive in different conditions – at night, on highways, in bad weather. This helps prepare you for the road test down the line.

Now here’s a tricky part of the NJ GDL system. Even after you pass your road test and get your probationary license, you still can’t drive alone. You’ll need a supervising driver with you for the first year of your probationary license. More on that next!

The Probationary License Phase

After holding your permit for 6 months and passing a road test, you can get a probationary driver’s license in NJ. This lets you drive on your own, as long as you follow some rules:

• For the first year, you can’t drive without a supervising driver who’s 21+ with a valid license. The only exception is driving to and from work, school, or religious activities – then you can drive alone.
• You can’t drive between 11pm and 5am. The only exception here is for work, school, or religious activities too.
• For the first 3 months, you can only drive with 1 passenger in the car under 21, unless they’re family members. After 3 months, you can have 2 non-family passengers under 21.

These restrictions might seem like a pain, but they’re meant to limit dangerous distractions for new drivers. Having peer passengers in the car significantly increases the risk of a fatal crash for teen drivers. Limiting night driving also helps, since fatigue and darkness make driving more hazardous.

During the probationary phase, any traffic violations will extend the period before you get your basic license. Getting a ticket for using a cell phone will even reset the clock and make you start all over!

So drive safely and responsibly during this phase. After 1 year with no violations or accidents, you’ll graduate to a basic license.

The Basic License Phase

Hooray, you made it! After holding your probationary license for a year with a clean record, you can now get a basic NJ driver’s license.

With the basic license, you can now drive solo 24/7. No more passenger or nighttime restrictions. You’ll still have the standard GDL provisional license restrictions:

• No using wireless/handheld devices while driving, even with a hands-free device. Fines are doubled for GDL holders who break this rule.
• Zero tolerance for alcohol. Any detectable amount of alcohol will lead to license suspension. Same with recreational or prescription drugs that can impair driving.
• Seat belts mandatory for driver and all passengers. Fines are doubled here too.
• Display reflective GDL decals on front and rear license plates.
• Can’t use special learner’s permit if you already have a probationary license.

But otherwise, you’ve got full driving privileges! Of course, with freedom comes responsibility. Continue to drive safely and defensively, obey all traffic laws, and avoid distractions.

The GDL program helps develop better driving habits. But it’s still easy to fall into bad habits once you have your basic license. Try not to get complacent, and remember driving is a privilege and responsibility every time you get behind the wheel.

Violating GDL Restrictions

We all make mistakes, especially when we’re new drivers. Maybe you drove home after 11pm because you lost track of time. Or gave a friend a ride before you were supposed to. It happens.

If you do get caught breaking a GDL rule, here’s what happens:

• Driving without a supervising driver will lead to a fine up to $100.
• Driving with too many passengers under 21 will result in a $100 fine.
• Getting caught using a handheld cell phone will add 3 more months to your probationary license. Plus fines up to $800!
• Driving after 11pm before you have a basic license can lead to a $100 fine.
• Not displaying those reflective GDL decals can also mean a $100 fine.

These fines aren’t fun, but they could be worse. At least you won’t lose your license for minor first offenses. But repeat violations can lead to suspension, so be careful.

Defenses If You’re Cited

What if you do get a ticket for violating your GDL restrictions? Well, you may have some defenses to try and get the charges dropped or reduced.

For example, let’s say you got pulled over driving home from a school event at 11:30pm. You can argue you were coming from a school activity, which is an exception to the night driving rule. Just be sure you have evidence to back up your claim – maybe a letter from the teacher or something.

Or what if your dad told you it was OK to drive your friend home at night, even though it was against the rules? You can try a “mistake of law” defense, arguing you didn’t realize you were breaking the law since your dad said it was fine.

If you ended up driving with too many teen passengers because of an unexpected emergency, you may be able to fight the ticket using a “necessity” defense. You can claim it was necessary to drive the extra passenger in order to prevent greater harm.

The key is being able to show solid evidence for why you needed to break the rule. It also helps a lot to be respectful to the officer and judge. Admit you made a mistake instead of denying it or making excuses. Ask for mercy and show you’ve learned your lesson.

Conclusion

New Jersey’s GDL program might seem strict. But it’s designed to help you ease into driving and develop safe habits from the start. Follow all the rules during the permit and probationary phases, and you’ll have the skills and experience to stay safe once you get your basic license. Driving is exciting, but also a big responsibility – especially for new drivers. So take the time to learn properly, and you’ll be on the road to a lifetime of safe driving!