New Jersey Traffic Offenses
Understanding the Consequences of a New Jersey Traffic Violation
Receiving a summons for a violation under the New Jersey Traffic Code – Title 39 – doesn’t automatically mean you’re guilty. Depending on the facts and circumstances surrounding your case, there may be legal defenses available to you or the opportunity to negotiate a plea that reduces the severity of the offense.
Before you simply plead guilty and accept the court’s sentence, it’s crucial to consider all your options. Pleading guilty could lead to a variety of serious consequences, including:
Fines: Paying higher fines for the offense as charged.
Points on Your Driving Record: Points assessed by the New Jersey Motor Vehicle Commission could impact your driving privileges.
State Surcharges: Potential additional financial penalties imposed by the New Jersey Motor Vehicle Commission.
License Suspension: You may face suspension of your driving privileges.
Increased Insurance Premiums: A guilty plea could lead to higher rates, even if you don't have a New Jersey driver's license or live in the state.
A seemingly minor traffic violation could have significant long-term consequences, depending on your unique situation. To avoid future complications, it’s important to carefully consider your options before attending court or simply paying the fine.
Why You Should Seek Legal Advice
Before making any decisions, reach out to a qualified attorney to discuss your case. I can help you understand the potential consequences, explore viable defenses, and help you negotiate a more favorable outcome. Taking the right steps now can help you avoid unnecessary penalties and preserve your driving privileges.
Call me today for a consultation. I’ll be happy to answer any questions you have and guide you through the process.
Our office has handled Municipal Court cases throughout the State of New Jersey including but not limited to the fo1llowing municipalities: Asbury Park, Atlantic City, Avalon, Barnegat, Bass River, Bayhead, Berkeley, Beach Haven, Beachwood, Belmar, Bradley Beach, Brick, Bridgewater, Brielle, Bordentown, Burlington, Camden, Cherry Hill, East Orange, Eagleswood, Eatontown, East Brunswick, Edison, Egg Harbor, Elizabeth, Fort Lee, Galloway, Hamilton, Howell, Irvington, Island Heights, Jackson, Jersey City, Keansburg, Lakehurst, Lakewood, Lavalette, Lawrenceville, Little Egg Harbor, Little Falls, Long Beach, Manalapan, Manasquan, Manchester, Marlboro, Marlton, Medford, Middletown, Millstone, Montville, Neptune, New Brunswick, Newark, Ocean, Ocean Gate, Old Bridge, Parsippany, Pemberton, Pine Beach, Point Pleasant, Port Republic, Red Bank, Reddington, Sayreville, Seaside Heights, Seaside Park, Ship Bottom, South Amboy, South Toms River, Spring Lake, Stafford, Toms River, Trenton, Tuckerton, Wall, Waretown, Westhampton, Westfield, Woodbridge, Woodland, Winslow. Mr. Di Stefano has personally handled traffic violations throughout the entire state of New Jersey including violations on the Garden State Parkway, the New Jersey Turnpike, Atlantic City Expressway, Interstate 195, Interstate 295, Route 35, Route 37, Route 9, Route 1, Route 70, Route 71, Route 40, Route 206, and Route 72.
Below is a list and definition of the common violations you may have been charged with under Title 39:
39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous substance- Fine and 2 years suspension of driver's license $50 Plus DMV points; plus additional car insurance eligibility points.
39:4-50 Operating under the influence- DWI mandatory loss of driving privileges minimum 90 days with a maximum 10 year loss (varies on prior offenses) plus DMV points; plus additional car insurance eligibility points. Mandatory interlock may also apply on first offense and is mandatory on 2nd, 3rd or subsequent offense.
39:4-50.2 Refusal to undergo breathalyzer test- mandatory loss of driving privileges for minimum 7 months and maximum 10 years (varies on prior offenses), plus DMV points; plus additional car insurance eligibility points, mandatory interlock applies on all offenses.
39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .08% and is under the legal age to purchase alcoholic beverages- Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A. 39:4-50, or any other law.
39:4-51a Consumption of alcoholic beverage by operator or passenger- First offense: $200 Second or subsequent offense: Fine $250 or 10 days community service..
39:4-51b Possession of open container of alcohol in passenger compartment- First offense: $200 Subsequent offense: Fine $250 or 10 days community service..
39:4-52 Racing on highway- First offense $25-$100 5 DMV points, 5 insurance eligibility points.
39:4-66.2 Operation of motor vehicle on public or private property to avoid traffic signal- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and violation stays on DMV abstract indefinitely and 2 additional insurance eligibility points, typically for a term of three years.
39:4-81 Failure to obey traffic control device- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points, typically for a term of three years.
39:4-82 Failure to keep right- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points, usually for a term of three years.
39:4-82.1 Failure to drive on right-hand roadway- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points, usually for a term of three years.
39:4-83 Failure to keep to right at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years.
39:4-84 Failure to pass to right when proceeding in opposite direction- Fine or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional insurance eligibility points. Also, Judge/Magistrate can suspend driver's license.
39:4-85 Failure to pass to left when overtaking- Fine or imprisonment not exceeding 15 days, or both $50-$200 4 DMV points and 4 additional insurance eligibility points. Also, Judge/Magistrate an suspend Driver's license.
39:4-85.1 Wrong way on one-way street- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points, usually for a term of three years.
39:4-86 Failure to overtake and pass properly- Fine or imprisonment not exceeding 15 days, or both $50-$200 4 DMV points and 4 additional insurance eligibility points.
39:4-87 Failure to give overtaking vehicle right of way- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points.
39:4-88 Failure to drive properly in marked lanes- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points.
39:4-89 Following vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.
39:4-90 Failure to yield right of way at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points.
39:4-90.1 Entering or leaving limited access highways improperly- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance eligibility points.
39:4-91 Failure to yield right of way to emergency vehicles- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional insurance points.
39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $50-$200
39:4-96 Reckless driving- First offense: Fine or imprisonment not exceeding 60 days, or both $50-$200 Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or both $100-$500 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.
39:4-97 Careless driving- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.
39:4-97a Motor vehicle operation causing property damage- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.
39:4-97.1 Slow speed as to block traffic- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.
39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons or property- First offense: $50-$150 Second offense: $100-$250 Third or subsequent offense: $200-$500 and 4 points
39:4-98 Speeding- Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on certain highways 1-14 mph over limit: 2 points, 15-29 mph over limit: 4 points, 30 or more mph over limit: 5 points Judge/Magistrate can suspend driver's license for speeding. Also, in 65 mph zone, fines are doubled
39:4-115 Failure to make proper turn- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.
39:4-119 Failure to observe flashing traffic signals- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.
39:4-122 Failure to obey whistle of police officer- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.
39:4-123 Failure to make proper turn- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.
39:4-124 Failure to turn as indicated by buttons or markers at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.
39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn" sign- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.
39:4-126 Failure to signal before starting, turning or stopping- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 3 additional car insurance points.
39:4-127 Backing or turning in street- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.
39:4-127.1 Failure to stop at railroad crossings- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.
39:4-127.2 Failure to stop at approaches to movable span bridges- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points
39:4-128.1 Passing school bus while picking up or discharging- First offense: Fine or imprisonment not exceeding 15 days or 15 days community service, or both $100. Community service may be collecting trash cans or working at recycling center or landfill. Subsequent offense: Fine or imprisonment not exceeding 15 days, or both $250 none 2 DMV points and 2 additional car insurance points.
39:4-129(a) Leaving the scene of accident involving injury or death- First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction $500-$1000 Imprisonment shall be imposed only if injury to another person. 8 points. Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license $1000-$2000 Imprisonment shall be imposed only if injury to another person.
39:4-129(b) Leaving the scene of accident involving damages to attended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200-$400. Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400-$600 2 DMV points and 2 car insurance points 39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction. $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction. $400-$600 2 DMV points and 2 car insurance points
39:4-130 Failure to report accident- $30-$100
39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 car insurance points
39:6B-2 Failure to carry motor vehicle insurance coverage- First offense: Fine and a period of community service as determined by the court, and suspension of driving privileges for 1 year $300-$1000 Community service can be working at recycling or landfill. Subsequent offense: Fine and shall be subject to 14 days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction $5000 Community service can be working at recycling or landfill.
In addition to the aforementioned traffic violations, it is possible to have a suspension of your driving privileges for point accumulation.
N.J.A.C. 13:19-10.2 Point Accumulation; period of suspension
(a) The Director shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:
POINTS ACCUMULATED PERIOD OF SUSPENSION
12 to 15 points in a period of two years or less; 30 days 16 to 18 points in a period of two years or less; 60 days 19 to 21 points in a period of two years or less; 90 days 22 to 24 points in a period of two years or less; 120 days 25 to 27 points in a period of two years or less; 150 days 28 or more points in a period of two years or less; not less than 180 days 15 to 18 points in a period greater than two years; 30 days 19 to 22 points in a period greater than two years; 60 days 23 to 26 points in a period greater than two years; 90 days 27 to 30 points in a period greater than two years; 120 days
31 to 35 points in a period greater than two years; 150 days
36 or more points in a period greater than two years; not less than 180 days 12 to 14 points in a period greater than two years; 30 days
(b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his discretion, the Director shall consider the person's driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.