Holland Tunnel Toll Evasion Arrest, $18K in Unpaid Tolls Leads to Criminal Charges
The car was found to be connected with 272 unpaid tolls amounting to a total of $18,358.31. The charges included service theft, tampering with a public record, operating with a suspended license, and failure to properly display license plates. The arrest is part of a crackdown operation aimed at motorists who cover up license plates, alter license plate covers, or try to modify their vehicles to circumvent electronic tolling systems.
These enforcement actions tend to shock individuals who believe that avoiding tolls is merely a small matter of traffic law. After a pattern of offenses is established by the Port Authority, these enforcement actions escalate promptly to involve serious felony exposure, significant financial consequences, and licensing issues. Our practice is familiar with these enforcement actions related to theft by service, plate citations, and Port Authority allegations, including how rapidly these enforcement actions proceed and how much is truly at stake. Many of our clients have come to us after recognizing that such enforcement actions can be precipitated by a stop at a toll booth on a bridge or in a tunnel.
Port Authority Police Intensify Toll Evasion Enforcement Across Hudson River Crossings
Toll enforcement has been a constant focus for the Port Authority Police Department on all six Hudson River crossings. Regular operations are conducted by police looking for vehicles with obscured, modified, or missing license plates and drivers evading electronic tolls without a functioning E-ZPass. The Port Authority has emphasized that these operations fit into a larger effort to hold motorists accountable for protecting funds used for bridge and tunnel maintenance.
According to officials, one such arrest occurred in the Holland Tunnel. The PAPD made this arrest among many others that have resulted from these operations. The crackdown by PAPD continues. They monitor repeated offenders, gather enough evidence, and stop vehicles that fit toll evasion profiles. According to PAPD, their stand is clear: enforcement is needed to control toll-related revenues.
Understanding New Jersey’s Theft of Services Law (N.J.S.A. 2C:20-8)
Typically, toll booth scams start with a stop for speeding, but generally, the criminal offense begins with New Jersey’s Statute on Theft of Services, N.J.S.A. 2C:20-8. This code applies the crime of theft to dodging the cost of a service related to travel. Electronic toll booths clearly fall under this category. After proof is gathered for multiple instances of crossing without paying, all amounts are added together to produce one overall amount for the crime of theft.
The value-at-issue determines how New Jersey charges persons for theft. Values between $500 and $75,000 constitute a third-degree offense, with a prison sentence between three and five years. Restitution is mandatory, with fines going up to $15,000. Although each toll was small, the collective amount exceeded $18,000, warranting a third-degree charge.
License Plate Obstruction Laws in New Jersey: N.J.S.A. 39:3-33 Explained
Besides the charge for theft by conspiracy, another offense usually revealed during toll booth investigations is related to license plate violations. According to N.J.S.A. 39:3-33, it is unlawful to have license plates that are obscured or impossible to read. If one uses a device, cover, spray, or in this case, socks to conceal the tag, this offense can enhance a simple traffic ticket. Using any object to interfere with public identification systems can sustain a charge for tampering with public records pursuant to N.J.S.A. 2C:21-4. Altering or hiding identification can be considered a crime pursuant to this code.
These situations often involve issues related to intent. If a plate is dirty or damaged, this warrants a summons for traffic infringement, but if one obstructs for the mere purpose of dodging tolls, this is considered to be a criminal act. The prosecutors will then consider one’s mode of obstruction, the amount of unpaid tolls, and one’s conduct in deciding whether to have such a case heard in municipal court or Superior Court. After physical obstruction is proved and a considerable amount is unpaid, this will inevitably lead to one’s charge for theft.
Driving While Suspended: The Compounding Consequences of Toll Evasion
Driving while suspended under N.J.S.A. 39:5-30 is often one such charge tacked on to arrests for toll avoidance, particularly in situations involving a prior administrative suspension due to accumulation of unpaid tolls. Many individuals have found themselves without a license because of significant outstanding toll bills. Once this suspension is in effect, any subsequent stop for crossing any Port Authority tolled bridge or tunnel will result in a charge for Driving While Suspended tacked on to any charges for theft by unauthorized use. Driving while Suspended is considered a mandatory sentencing offense, allowing no discretion on the part of the sentencing court. This offense includes harsh sentences involving prolonged license suspension, significant fines, and, on occasion, county jail time. Each successive offense will increase this petty offense to a Disorderly Persons offense. Additionally, if this offense is committed in conjunction with another offense, such as service theft, harsher sentences will be sought.
Where Will Your Case Be Heard? Port Authority Jurisdiction in NJ and NY
The Port Authority Police Department is tasked with functioning under a bi-state charter, which grants arrest power both in New York and New Jersey. This jurisdiction extends to all bridge and tunnel operations, airports, and transit facilities owned by this authority. At river crossing structures such as Hudson River, law enforcers stop all vehicles that have masked license plates, expired registrations, and any indications related to toll evasions. They can arrest any violator and process all necessary criminal charges. Those stopped on the New Jersey portion for any crimes related to toll evasions would then face trial in Hudson County, while any crimes committed on the New York side would then be part of the New York trial system. More complex toll evaders would usually have their investigations coordinated by Port Authority Inspector General’s Offices, which scrutinize all necessary unpaid toll activities, vehicles, and any surveillance evidence towards deciding who to charge. Port authority prosecutors face different trial procedures compared to court prosecutors due to their emphasis on administering justice for more serious crimes such as toll evasions related to accumulated toll debts.
How E-ZPass Technology Catches Toll Evaders in New Jersey
The electronic tolling on Port Authority crossings is done by using the identification system called E-Z Pass. The system is programmed to record all vehicles that have traveled through a tolling point. If a transponder is used, then charges are immediately credited to the customer’s account. If there’s no transponder used for tolling, then tolling by mail is used, which is assisted by license plate readers and high-resolution cameras. Once it captures a plate, it is then matched with the owner’s identity, and notifications are dispatched detailing both the toll charge and administration charges. These, however, escalate to notifications for crimes related to service theft if there’s a failure to respond. This typically happens if law enforcers or investigators identify a pattern related to avoiding tolling instead of failing to pay.
Port Authority has thorough documentation for each infraction, including date, time, booth location, and plate image. If individuals utilize coverings, altered licenses, or items positioned on top of their plate, it is enough for cameras to identify blatant attempts to avoid tolls. After Port Authority recognizes it is part of a scheme, it is referred for prosecution. The violations for failure to pay tolls will now occur in the background, but criminal charges push it all forward to Superior Court. They now have both civil responsibility for the tolls and criminal charges related to this scheme.
Understanding Vehicle Seizure in New Jersey Toll Evasion Cases
Cars that have been used for multiple instances of toll booth fraud can be impounded immediately when the stop is made. Officers for PAPD have the right to impound the vehicle if it can be shown that there is evidence of plate obstruction, suspension of operating privileges, service theft, or if it can be demonstrated that there is a pattern of avoidance on the owner’s part. After impounding, the owner must pay for transport and storage prior to releasing the impounded vehicle.
An individual can contest such impoundment, but things happen quickly. If it’s a family that is affected by such impoundment, it is likely that it will take immediate action to avoid incurring extra costs for storage. Defense attorneys can reach out to such impound lots, the Port Authority, or even the prosecutor’s office for such vehicles to be released. If investigators are informed about the role of such vehicles in bigger toll evasion scams, then such offenders have to process such vehicles through civil forfeiture, which is another process involving extra time. After filing charges, such vehicles have to wait for court clearance, show ownership, and cover any required administrative fees.
Defending Against Port Authority Toll Evasion Allegations in NJ
Toll booth avoidance charges will depend on issues related to vehicles being properly identified by the Port Authority. One such issue would be identification error, particularly in situations involving partial readings by the plate reader or if images are blurred by glare, moisture, or camera angle. Vehicle access is another. If another individual used that individual’s vehicle and if it was taken without their permission, then such actions cannot be attributed to the owner. Also, it is significant to contest hundreds of individual instances prior to adding up for actual theft. Such practices cannot be sustained without persuasive evidence for each event prior to adding up for actual stealing. Finally, issues such as good faith can be significant. An individual might have believed their E-ZPass to be working properly.
Defense attorneys will also scrutinize how data is gathered and recorded by the Port Authority. If there is any erroneous computation for toll amounts, if notices actually weren’t mailed, or if times don’t match up with actual road movements by the defendant’s car, these issues can discredit the prosecution’s case. Repayment agreements are another area that is negotiated. If there is a reduced amount due for tolls, this might lower the offense to a lower degree or even allow it to be reduced to a municipal court offense. Procedural issues involving a stop, impoundment, and investigation are other areas that are significant.
Restitution Requirements for Toll Evasion Convictions in New Jersey
Restitution is a necessary part of any plea bargain or sentence for service theft. Repayment of the tolls, as well as administrative fees and fines listed by the Port Authority, is required by the court. The sum is then evaluated during plea bargaining and sentencing. An attorney can point out errors in these computations on behalf of the Port Authority. Payment schedules can be negotiated if a defendant proves financial inability, although regular progress toward repayment is expected. Non-compliance with a restitutionary sentence can result in violations of probation or further legal matters.
The Port Authority can separately bring civil collection suits. Such suits can continue even if a defendant is required to pay restitution for charges related to toll booth jumping. An understanding of how restitution and civil suits work is critical for a defendant wishing to put a toll booth jumping case behind it and avoid long-range financial consequences. Sorting out one’s administrative ledger will not only do what a court requests, but it will also preclude future lawsuits for outstanding toll booth balances.
Pre-Trial Intervention and Diversion Programs
Pre-Trial Intervention might be available for toll booth violations if the offense is considered to be in the third or fourth degree. If accepted, it will involve a defendant with little or no prior record. It will require a deep assessment of a defendant’s personal life, job, financial integrity, and circumstances relating to the offense. Restitution will be mandatory for acceptance and must demonstrate a rational way to pay any outstanding amount. The court and DA will examine if there is any effort to resolve issues relating to any outstanding violations, such as reactivating and using any ill-fated E-Z Pass.
Those with a clean record, regular employment, and the ability to maintain regular restitution payments have a better chance of acceptance. After acceptance, the defendant is required to fulfill supervision and adhere to all terms until completion. Upon completion, the charge is dismissed, and the defendant is left with no criminal record. Non-compliance with any terms, failure to pay restitution, or any new arrests will mean revocation from PTI and returning to trial calendar with all original charges in effect.
Reducing Toll Evasion Charges: Effective Plea Bargaining Strategies
Typically, plea bargains for toll booth offense charges will revolve around the amount of loss, the degree to which the Port Authority can prove it, and the defendant’s ability to repay. If it’s nearing the lower bound for third degree, perhaps a fourth degree plea bargain can be arranged by one’s attorney, or even a downgrade to municipal court for a disorderly persons offense. Of course, this would entail going through each offense in great detail and contesting those for which proof is not well-documented, or even contesting any administrative fees incurred that put the amount over.
Repaying restitution can prove to be a useful negotiating strategy in plea bargaining. Showing good faith by paying a portion or all of the debt due might encourage prosecutors to authorize a non-jail outcome or a reduced disposition that does not include a felony. City court dispositions, if attainable, will aid defendants in safeguarding employment, licensing, and immigration status. Each scenario is dependent on the extent of any violations, clarity in evidence, and any effort by the defendant to mitigate harm incurred by debt.
What Are the Penalties for Toll Evasion Convictions in New Jersey?
Third-degree service theft is an offense that is typically punishable between three and five years in state prison, although first-time offenders typically are subject to a guideline that does not require incarceration. However, this guideline can be waived if there are extenuating circumstances such as a long-term record of toll booth evasion, prior criminal record, and failure to pay restitution. Judges typically assess the overall amount of losses incurred and the offender’s current financial condition. They will typically scrutinize all attempts made by the offender to repay the amount owed.
Community service can be attached to a sentence in terms of this law, especially if there is considerable monetary loss involved. Payment plans can be considered if there is a genuine ability to pay the outstanding amount. A theft conviction can affect one’s ability to obtain credit, get a job, or rent a residence.
Related Motor Vehicle Charges in Toll Evasion Cases
Toll booth evasion arrests usually result in multiple charges related to vehicles that can be attached to this case. Careless or reckless driving charges can be filed if the arrestees demonstrated sudden directional changes prior to reaching the toll booth. These can include violations related to equipment, inspection stickers, or license plate display. Each one is punishable by fines and points.
The insurance companies are free to increase premiums or even deny coverage based on both the criminal offense and related violations involving the motor vehicle. Points accumulated and unpaid surcharges can result in administrative suspension by the Motor Vehicle Commission. This leads to another cycle of penalties if the offender is pulled over. The client will usually have a long list of citations involving traffic issues that can be resolved after dealing with the criminal matter.
How Toll Violations in One State Affect Your License in Another
Toll violations on any Port Authority site can have ramifications for operating privileges in both New Jersey and New York because both states have agreed to reciprocal information sharing for violations through the Interstate Driver’s License Compact. Where a New York license holder has accumulated toll violations or suspension notifications for conduct on a bridge located in New Jersey, it can lead to a procedure initiated by the New York DMV. This can happen in reverse for a NJ license holder for any toll violations on the New York portion of a bordering facility.
The involvement of E-Z Pass records brings another element because it involves multiple agencies such as Port Authority, New Jersey Turnpike Authority, and Garden State Parkway. The violations for one plate can be found with multiple tolling agencies, with attendant balances leading to joint enforcement. If this pattern covers multiple states, then prosecutors can coordinate charges or inform each other about matters such that the critical issues are handled first. The strategy for defending one’s case with exposure across multiple states is complex. Resolving matters on one side of the river does not necessarily mean that all issues have been settled on the other.
How Prosecutors Use Pattern Evidence to Enhance Toll Cases
In looking deeper into the case involving the Holland Tunnel, it would appear that if one is to believe 272 reported violations, then this is not merely a matter of several violations but a systematic avoidance of tolls. This is especially true because prosecutors tend to believe that several violations do constitute a scheme, especially where one is using a physical object to circumvent toll cameras. Several violations coupled with using something to hinder plate exposure would clearly constitute a pattern indicative of a scheme.
Evidence of a pattern will affect nearly all levels of the prosecution. The sentencing exposure will increase on activities demonstrating avoidance over time, rather than merely momentary failure to pay. Pleas will occur with lower sentence recommendations, and restitution demands increase with each verified crossing. Defense strategies in matters involving multiple violations will aim to contest the defendant’s actual charge represented by the quantity listed, documents supporting each toll, and amount charged for any crime related to theft.
Evidence by pattern proves even more important in organized toll fraud ring cases where multiple drivers or vehicles are working together. These types of cases can involve conspiracy charges and investigations by the Port Authority and/or the Inspector General’s office. Although it is one driver in this case involving the Holland Tunnel, the extent of activity does have implications for any plea bargain that might occur or a successful outcome.
Impeaching Technological Evidence in New Jersey Toll Cases
Cases involving toll booth evasion can be effectively argued on behalf of a defendant by reviewing technological systems employed by Port Authorities. License plate readers or toll cameras are not 100% efficient. Their performance is dependent on calibration. Defendants can initiate discovery on such issues such as calibration, maintenance, error occurrences, and how invalid license plate images can be identified by these systems. All this information can be used to ascertain whether their technological systems are providing accurate results.
Expert witnesses can be employed to illustrate hardware limitations, environmental interference, and margins of error for automated detection systems. Environmental interference includes shadows, glare, and weather. An erroneous reading can generate a false-positive match if it is attributed to the wrong vehicle. If there are several violations cited for one party, even a small percentage can mean a difference in the overall citations. Technical defenses rely on impeaching the relevance and accuracy of evidence and pointing out that it might paint an inaccurate picture.
Preventing Toll Evasion Charges: Compliance and Best Practices
Acting on notices of violations is one way to avoid a civil case escalating into a criminal one. Payment options exist for drivers with outstanding toll violations, and settling these issues promptly will usually resolve the problem. However, if balances become unmanageable or if plate obstruction is a factor, matters can advance to criminal prosecution, which carries far more serious consequences. Addressing issues early, checking your account regularly, and maintaining copies of all correspondence and account statements are essential steps to protect yourself from criminal charges.
Why You Need Experienced Legal Representation for Toll Evasion Charges
Toll evasion cases in New Jersey progress rapidly, and the Port Authority treats these matters as serious theft crimes with long-lasting consequences. Once criminal charges are filed, you face strict deadlines, mandatory restitution requirements, and the risk of a permanent criminal record.
At our law practice, we have extensive experience representing individuals charged with Port Authority-related offenses throughout New Jersey. We guide our clients through every stage of the case, from initial negotiations and restitution agreements to Pre-Trial Intervention (PTI) applications and trial defense. Every case begins with a careful examination of the allegations, the accuracy of toll records, and the circumstances surrounding the traffic stop and any vehicle impoundment.
With strategic legal representation, you can protect your criminal record, resolve financial obligations, and avoid negative consequences to your driving privileges. Early legal counsel is critical. Once criminal charges are filed, deadlines quickly approach, and outstanding toll balances will significantly impact plea negotiations and sentencing outcomes. A comprehensive case evaluation allows us to assess the evidence against you, identify weaknesses in the prosecution’s case, and develop a defense strategy focused on protecting your driving privileges and avoiding a conviction. We can immediately begin working to mitigate both the criminal charges and the underlying toll debt, positioning you for the best possible outcome.
If you are facing toll evasion or theft of services charges in New Jersey, you need a dedicated criminal defense attorney who will fight tooth and nail for your rights. With a lengthy track record of success in courts across the state, our accomplished team includes lawyers who have been recognized among the Top 10 Criminal Lawyers in New Jersey by the American Jurist Institute, among the Top 40 Attorneys Under 40 in the Nation by the National Trial Lawyers Association, and among those selected as Super Lawyers Rising Stars. Our firm’s founder, Travis J. Tormey, also maintains a perfect 5-star rating on Avvo.com, where he has also received the Client’s Choice Award every year since 2012.
Our firm represents clients across New Jersey, including Hudson County, Bergen County, Essex County, Passaic County, Morris County, and all counties where Port Authority toll violations are prosecuted. Whether you were arrested at the Holland Tunnel, Lincoln Tunnel, George Washington Bridge, or any other Port Authority crossing, we have the experience and strategic insight to defend your case.
Contact us today at (201)-556-1570 to speak with an experienced New Jersey criminal defense attorney about your toll evasion case. We offer a free and confidential consultation to discuss your charges and legal options.
