Serving New Jersey: Bergen County, Essex County, Passaic County, Hudson County.
Family Law services include divorce, child custody and support. |
Telephone Consultation: 1.800.274.6180 or 1.201.541.6477
E-mail Consultation: Brian@ItonLaw.com
Office Consultation:
Call 201.541.6477 to set up an appointment.
(Evening Appointments Available) |
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So you've received a traffic ticket in New Jersey.
| 1. |
The first thing to do is to read the ticket. What's the alleged violation?
COMMON VIOLATIONS INCLUDE:
- Speeding 39:4-98
- Driving While Suspended 39:3-40
- Driving Without Liability Insurance 39:6B-2
- Careless Driving 39:4-97
- Failure to Exhibit Insurance Card 39:3-29
- Unlicensed Driver 39:3-10
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| 2. |
Is a court appearance required?
If you do not show up in court on the indicated date, when court appearance required is marked, the court may issue a warrant for your arrest. Even if a court appearance is not required you still have the option to plead not guilty to the offense charged.
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| 3. |
What are the possible motor vehicle points which can be assessed for a conviction of this violation?
In New Jersey convictions for certain violations lead to motor vehicle point assessments. An accumulation of motor vehicle points can lead to the administrative suspension of your license. The chart below shows the points assessed for convictions of certain offenses.
NEW JERSEY ADMINISTRATIVE CODE
13:19-10.1 Point assessment
Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:
Statute Section
Statute
Section
Number |
Offense
|
Points |
| 27:23-29 |
Moving against traffic: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway |
2 |
| 27:23-29 |
Improper passing: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway |
4 |
| 27:23-29 |
Unlawful use of median strip: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway |
2 |
| 39:3-20 |
Operating constructor vehicle in excess of 30 MPH
|
3 |
| 39:4-14.3 |
Operating motorized bicycle on a restricted highway |
2 |
| 39:4-14.3d |
More than one person on a motorized bike |
2 |
| 39:4-35 |
Failure to yield to pedestrian in crosswalk |
2 |
| 39:4-36 |
Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk |
2 |
| 39:4-41 |
Driving through a safety zone |
2 |
39:4-52 &
39:5C-1 |
Racing on highway |
5 |
| 39:4-55 |
Improper action or omission on grades and curves |
2 |
| 39:4-57 |
Failure to observe direction of officer |
2 |
| 39:4-66 |
Failure to stop vehicle before crossing sidewalk |
2 |
| 39:4-66.1 |
Failure to yield to pedestrians or vehicles while entering or leaving highway |
2 |
| 39:4-71 |
Operating a motor vehicle on a sidewalk |
2 |
| 39:4-80 |
Failure to obey direction of officer |
2 |
| 39:4-81 |
Failure to observe traffic signals |
2 |
| 39:4-82 |
Failure to keep right |
2 |
| 39:4-82.1 |
Improper operating of vehicle on divided highway or divider |
2 |
| 39:4-83 |
Failure to keep right at intersection |
2 |
| 39:4-84 |
Failure to pass to right of vehicle proceeding in opposite direction |
5 |
| 39:4-85 |
Improper passing on right or off roadway |
4 |
| 39:4-85.1 |
Wrong way on a one-way street |
2 |
| 39:4-86 |
Improper passing in no passing zone |
4 |
| 39:4-87 |
Failure to yield to overtaking vehicle |
2 |
| 39:4-88 |
Failure to observe traffic lanes |
2 |
| 39:4-89 |
Tailgating |
5 |
| 39:4-90 |
Failure to yield at intersection |
2 |
| 39:4-90.1 |
Failure to use proper entrances to limited access highways |
2 |
39:4-91 &
39:4-92 |
Failure to yield to emergency vehicles |
2 |
| 39:4-96 |
Reckless driving |
5 |
| 39:4-97 |
Careless driving |
2 |
| 39:4-97a |
Destruction of agricultural or recreational property |
2 |
| 39:4-97.1 |
Slow speed blocking traffic |
2 |
| 39:4-97.2 |
Driving in an unsafe manner (Points only assessed for the third or subsequent violation(s) with in a five-year period) |
4 |
| 39:4-98 |
Exceeding maximum speed 1-14 mph over limit |
2* |
| 39:4-99 |
Exceeding maximum speed 15-29 mph over limit |
4 |
| Exceeding maximum speed 30 mph or more over limit |
5 |
| 39:4-105 |
Failure to stop for traffic light |
2 |
| 39:4-115 |
Improper turn at traffic light |
3 |
| 39:4-119 |
Failure to stop at flashing red signal |
2 |
| 39:4-122 |
Failure to stop for police whistle |
2 |
| 39:4-123 |
Improper right or left turn |
3 |
| 39:4-124 |
Improper turn from approved turning course |
3 |
| 39:4-125 |
Improper "U" turn |
3 |
| 39:4-126 |
Failure to give proper signal |
2 |
| 39:4-127 |
Improper backing or turning in street |
2 |
| 39:4-127.1 |
Improper crossing of railroad grade crossing |
2 |
| 39:4-127.2 |
Improper crossing of bridge |
2 |
| 39:4-128 |
Improper crossing of railroad grade crossing by certain vehicles |
2 |
| 39:4-128.1 |
Improper passing of school bus |
5 |
| 39:4-128.4 |
Improper passing of a frozen dessert truck |
4 |
| 39:4-129 |
Leaving the scene of an accident: |
|
| No personal injury |
2 |
| Personal injury |
8 |
| 39:4-144 |
Failure to observe "stop" or "yield" signs |
2 |
| 39:5D-4 |
Moving violation out-of-state |
2 |
NOTE: * A conviction for speeding of 1-14 miles per hour over the speed limit is a two (2) point violation. Pursuant to N.J.S.A. 17:33B-14.1 if you have an otherwise clean driving record an insurance company cannot raise your insurance rates for a 2-point speeding conviction, (unless the speeding occurred in a school zone).
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| 4. |
How many insurance eligibility points can be assessed for this violation?
By law insurance companies can assess insurance eligibility points to a driver convicted of certain offenses. The net effect of these points is an increase in your insurance rates. I have laid out the law and the points schedules below:
N.J.A.C. 11:3-34.5 Automobile insurance eligibility points
(a) Automobile insurance eligibility points shall be accumulated as a result of convictions, suspensions, revocations and determinations of responsibility for civil infractions in accordance with the schedule set forth in the Appendix to this subchapter herein incorporated by reference.
(b) Automobile insurance eligibility points shall be deemed to accrue as follows:
- Points for an at-fault accident shall accrue on the date that total payment by the insurer equals or exceeds $500.00.
An insurer may, at its option, use the date of the accident or date of first payment provided, however, that the insurer shall not underwrite or rate any policy based on the accident until total payment by the insurer equals or exceeds $500.00; and further provided that the insurer shall use the optional date consistently in all cases.
-
Points
for
conviction
of
motor
vehicle
violations
and
other
events
that
are
set
forth
on
an
abstract
of
drivers
license
records
available
from
the
New
Jersey Motor Vehicle
Commission, or comparable agency of another state, shall accrue when the event is recorded in the agency's records as evidenced by an abstract.
- Points for each full year of court-imposed driver's license suspension within the preceding three years and points for each full year within the immediately preceding three years that a person has not held a driver's license shall accrue on the date of application for insurance.
(c) Automobile insurance eligibility points are cumulative and accrue for all offenses set forth on Schedules 1 and 2, except as noted on Schedule 1.
(d) Automobile insurance eligibility points set forth on Schedule 2 of the Appendix represent motor vehicle points established by the New Jersey Motor Vehicle
Commission by rule, N.J.A.C. 13:19-10.1, which is hereby incorporated by reference. Any additions, deletions or modifications to N.J.A.C. 13:19-10.1 shall likewise be incorporated as of the effective date of amendment. Schedule 2 is included in the Appendix for convenience.
(e) The reference in Appendix Schedule 1 and Schedule 2 to provisions of the New Jersey Statutes Annotated is meant for convenience to assist in the quick identification of the nature of the event. If the event takes place in a state or province other than New Jersey, Schedule 1 and 2 should be consulted for identification of the specific misconduct committed and the assessment of the appropriate number of insurance eligibility points to be assessed.
(f) In addition to the motor vehicle violation and insurance eligibility points specifically enumerated on Schedule 2 of the Appendix pertaining to the New Jersey Turnpike, Atlantic City Expressway, and the Garden State Parkway, for any other motor vehicle violations that occur on the New Jersey Turnpike (N.J.A.C.19:9), the Atlantic City Expressway (N.J.A.C. 19:2-2.1), the Garden State Parkway (N.J.A.C. 19:8) or for any other moving violation at any location, Schedules 1 and 2 shall be consulted for identification of the specific misconduct committed and the determination of the appropriate number of insurance eligibility points to be assessed.
Schedule of Automobile Insurance Eligibility Points
Schedule 1
|
Statute
Section
Number
|
Event Description
|
Points
|
| 39:4-50 |
Operating a motor vehicle under the influence of alcohol or drugs |
9 |
| 39:4-50.4 |
Refusal to submit to a chemical test |
9 |
| 2C:11-2 |
Vehicular homicide |
9 |
| 39:3-40 |
Operating a motor vehicle while driving privilege is suspended |
9 |
| 39:6B-2 |
Operating a motor vehicle without liability insurance |
9 |
| 39:6A-15 |
Misrepresentation of insurance coverage
|
9 |
| Each at fault accident
|
5 |
| For each full year of a court imposed driver's license suspension within the preceding 3 years |
3 |
| For each full year within the immediately preceding 3 years that a person has not held a driver's license |
1 |
| Involved in a fatal accident |
4 |
| 39:3-37 |
Obtaining a driver's license or registration through deception |
5 |
| 39:3-38 |
Make or use counterfeit plate or plates other than issued |
5 |
| 39:3-38.1 |
Make, alter or counterfeit driver's license or registration |
5 |
| Failure to verify insurance involved in an automobile accident |
2 |
[fn*] Points for failure to hold a driver's license in the previous three years are not cumulative to points for driver's license suspension.
Schedule 2
Statute
Section
Number |
Offense
|
Points |
| 27:23-29 |
Moving against traffic: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway |
2 |
| 27:23-29 |
Improper passing: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway |
4 |
| 27:23-29 |
Unlawful use of median strip: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway |
2 |
| 39:3-20 |
Operating constructor vehicle in excess of 30 MPH
|
3 |
| 39:4-14.3 |
Operating motorized bicycle on a restricted highway |
2 |
| 39:4-14.3d |
More than one person on a motorized bike |
2 |
| 39:4-35 |
Failure to yield to pedestrian in crosswalk |
2 |
| 39:4-36 |
Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk |
2 |
| 39:4-41 |
Driving through a safety zone |
2 |
39:4-52 &
39:5C-1 |
Racing on highway |
5 |
| 39:4-55 |
Improper action or omission on grades and curves |
2 |
| 39:4-57 |
Failure to observe direction of officer |
2 |
| 39:4-66 |
Failure to stop vehicle before crossing sidewalk |
2 |
| 39:4-66.1 |
Failure to yield to pedestrians or vehicles while entering or leaving highway |
2 |
| 39:4-71 |
Operating a motor vehicle on a sidewalk |
2 |
| 39:4-80 |
Failure to obey direction of officer |
2 |
| 39:4-81 |
Failure to observe traffic signals |
2 |
| 39:4-82 |
Failure to keep right |
2 |
| 39:4-82.1 |
Improper operating of vehicle on divided highway or divider |
2 |
| 39:4-83 |
Failure to keep right at intersection |
2 |
| 39:4-84 |
Failure to pass to right of vehicle proceeding in opposite direction |
5 |
| 39:4-85 |
Improper passing on right or off roadway |
4 |
| 39:4-85.1 |
Wrong way on a one-way street |
2 |
| 39:4-86 |
Improper passing in no passing zone |
4 |
| 39:4-87 |
Failure to yield to overtaking vehicle |
2 |
| 39:4-88 |
Failure to observe traffic lanes |
2 |
| 39:4-89 |
Tailgating |
5 |
| 39:4-90 |
Failure to yield at intersection |
2 |
| 39:4-90.1 |
Failure to use proper entrances to limited access highways |
2 |
39:4-91 &
39:4-92 |
Failure to yield to emergency vehicles |
2 |
| 39:4-96 |
Reckless driving |
5 |
| 39:4-97 |
Careless driving |
2 |
| 39:4-97a |
Destruction of agricultural or recreational property |
2 |
| 39:4-97.1 |
Slow speed blocking traffic |
2 |
| 39:4-97.2 |
Driving in an unsafe manner (Points only assessed for the third or subsequent violation(s) with in a five-year period) |
4 |
| 39:4-98 |
Exceeding maximum speed 1-14 mph over limit |
2* |
| 39:4-99 |
Exceeding maximum speed 15-29 mph over limit |
4 |
| Exceeding maximum speed 30 mph or more over limit |
5 |
| 39:4-105 |
Failure to stop for traffic light |
2 |
| 39:4-115 |
Improper turn at traffic light |
3 |
| 39:4-119 |
Failure to stop at flashing red signal |
2 |
| 39:4-122 |
Failure to stop for police whistle |
2 |
| 39:4-123 |
Improper right or left turn |
3 |
| 39:4-124 |
Improper turn from approved turning course |
3 |
| 39:4-125 |
Improper "U" turn |
3 |
| 39:4-126 |
Failure to give proper signal |
2 |
| 39:4-127 |
Improper backing or turning in street |
2 |
| 39:4-127.1 |
Improper crossing of railroad grade crossing |
2 |
| 39:4-127.2 |
Improper crossing of bridge |
2 |
| 39:4-128 |
Improper crossing of railroad grade crossing by certain vehicles |
2 |
| 39:4-128.1 |
Improper passing of school bus |
5 |
| 39:4-128.4 |
Improper passing of a frozen dessert truck |
4 |
| 39:4-129 |
Leaving the scene of an accident: |
|
| No personal injury |
2 |
| Personal injury |
8 |
| 39:4-144 |
Failure to observe "stop" or "yield" signs |
2 |
| 39:5D-4 |
Moving violation out-of-state |
2 |
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| 5. |
Are there surcharges that NJMVC might charge?
If you are assigned points on your Driver License, you may have to pay point surcharges for a number of years in addition to any court-imposed fines and penalties.
Point surcharges:
$100 for six points, and
$25 for each additional point
Some Additional surcharges:
$100 for driving while unlicensed (39:3-10)
$250 for driving on the Revoked List (39:3-40)
$250 for operating an uninsured vehicle (39:6B-2)
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| 6. |
Can a conviction for this offense lead to a suspension or revocation of my license?
There are two different methods by which a driver’s license can be suspended: an in-court suspension or an administrative suspension. Some of the more common violations which can lead to an in-court suspension or revocation of your driver’s license are:
| VIOLATION |
TERM OF LOSS - FOR FIRST OFFENSE |
| Driving without Liability Insurance: 39:6B-2 |
One year loss of driving privileges |
| Driving while Suspended: 39:3-40 |
Six (6) months license suspension |
| Injury or Death - Leaving the Scene of an Accident |
One year license loss |
| Property Damage - Leaving the Scene of an Accident |
Six (6) months license loss |
You should know your motor vehicle point status. If you don’t, you can find it out by contacting NJMVC and requesting a driver’s abstract (ask for a certified, driver‘s abstract) . This abstract contains your full driving history, and will even list driving events in other states.
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| 7. |
Can a conviction of this offense lead to jail time, or a large (over $200) fine or penalty?
The following are some of the most common charges which can lead to jail time or large fines:
Driving without Liability Insurance: 39:6B-2
"A violator shall be subject, for the first offense, to a fine of not less than $300 nor more than $1000..."
Reckless Driving: 39: 4-96
Fines range from $50.00 to $200.00, however they may be doubled in certain circumstances.
Punishment may be by imprisonment in the county or municipal jail for a period of not more than 60 days.
Careless Driving: 39:4-97
Fines range from $50.00 to $200.00, however they may be doubled in certain circumstances.
Speeding: 39:4-98
Fines range from $50.00 to $200.00, however they may be doubled in certain circumstances.
A sentencing judge may impose a sentence of up to 15 days in jail.
Driving While Suspended: 39: 3-40
A fine of $500, additional six (6) months license suspension.
Leaving the Scene of an Accident - Injury or Death: 39:4-129
$500 to $1000 and/or jail term of 180 days and one year license loss.
Leaving the Scene of an Accident - Property Damage: 39:4-129
$200 to $400 fine and/or 30 days jail term and up to six (6) months license loss.
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| 7a. |
Will I have to pay Court Costs/Court Surcharges?
Courts will also usually assess court costs/surcharges in the range of $32.00 per conviction.
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| 8. |
Should I plead guilty or not guilty?
To answer this question you’ll have to factor in the potential fines, penalties, surcharges, court costs, motor vehicle points, insurance eligibility points, and effects on your driving privileges that will follow a guilty plea to the charged offenses.
If you plead not guilty, you have an opportunity to go to court and have a trial, at which the state, represented by the municipal prosecutor, will have to prove your guilt to the judge beyond a reasonable doubt. You can also plead not guilty and, see if you or your lawyer can plea bargain with the municipal prosecutor for a factually similar, but legally different result. The municipal court judge, prosecutor and police officer all have access to your driving abstract, and this is a major factor in the state’s decision on the terms of a plea bargain.
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| 9. |
If you plead not guilty, should you go to trial or try to plea bargain?
To answer this question you need to know what evidence you can and cannot present at trial, and you need to understand the legal standards of proof required to be successful in your defense.
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| 10. |
Should I hire a lawyer?
Before you make a decision on hiring a lawyer or representing yourself review your answers to questions # 1 - # 9.
You have to understand the whole picture of what you’re looking at if you’re convicted of the charges against you in court.
After you have reviewed your answers, give me a call at 800-274-6180, and we can go through the ten steps together.
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Disclaimer:
The information provided on this website is for general informational purposes, and is not intended to be, nor should it be, construed as legal advice.
The information is provided to appraise the public of general information on the law. It is understood that no attorney-client relationship is entered into by sending, receiving or answering e-mail queries. It is also understood that generally a retainer agreement must be read, understood and signed by an attorney and any prospective client before an attorney-client relationship is commenced.
Contact Information
Phone: 1. 800. 274. 6180
E-mail: brian@itonlaw.com
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.Copyright © 2006 Brian D. Iton, Attorney at Law. All rights reserved.
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