What Can a N.J. Traffic Offense Cost You?
Driver License Suspension
Having a drivers’ license is a privilege. You may have your driver’s license suspended and lose your driving privileges if you accumulate too many points on your driver’s record.
Fines and in some cases Jail time
Traffic violations in New Jersey typically cost between $54 and $140 depending on the traffic offense. Some violations may result in fines as low as $26 to as much as $500. Certain criminal offenses like reckless driving, driving while intoxicated (DWI), or eluding police may involve heavy fines and jail time. The penalties may be enhanced for repeat offenders.
In addition to hefty fines, traffic violations in New Jersey typically can affect you in two ways.
Points
The New Jersey Motor Vehicle Commission (MVC) adds points to the driving record of any person convicted of a moving violation. A person who gets six or more points within three years on their driving record will be assessed the $150 plus $25 per point surcharge. A person with 12 or more points on their record will have their driver’s license suspended.
Insurance rates go up
Points on driving records can also affect automobile insurance rates. Some of the traffic violations for which points can be added to your driving record include:
- Leaving the scene of an accident causing personal injury — 8 points
- Exceeding speed limit by 30 miles per hour (mph) or more — 5 points
- Improperly passing a school bus — 5 points
- Reckless driving — 5 points
- Racing — 5 points
- Tailgating (following too closely) — 5 points
- Exceeding speed limit by 15-29 mph — 4 points
- Driving in an unsafe manner (third or subsequent offense within five years) — 4 points
- Improper passing — 4 points
- Improper right, left, or U-turn — 3 points
- Improper turn at a traffic light — 3 points
- Exceeding speed limit by 1-14 mph — 2 points
- Moving violation committed out-of-state — 2 points
- Wrong way on a one-way street — 2 points
- Leaving the scene of an accident with no personal injury — 2 points
- Careless driving — 2 points
- Failure to observe traffic signals — 2 points
- Failure to observe (stay within) traffic lanes — 2 points
- Failure to yield at an intersection — 2 points
- Passing a vehicle yielding to pedestrian in a crosswalk — 2 points
- Failure to yield to pedestrian in crosswalk — 2 points
New Jersey has a harsh point system for traffic violations. Most traffic violations are worth 2 points, but some can be worth as many as 8 points. As mentioned, reaching 6 points within 3 years means being obligated to pay a surcharge, which increases with the number of points accrued. In addition, reaching 12 points or more in less than 2 years can result in a suspension of driving privileges, even for out-of-state drivers. The length of the suspension depends on the exact timeframe and the number of points.
- 12 to 15 points: 30 days
- 16 to 18 points: 60 days
- 19 to 21 points: 90 days
- 22 to 24 points: 120 days
- 25 to 27 points: 150 days
- 28 or more points: 180 days+
The good news is that 3 points will come off of one’s NJ driving record each year one goes without getting convicted of new traffic violations. In addition, one can get two points removed from the license by taking a Motor Vehicle Commission-approved defensive driving course (this can only be done once every five years).
The MVC takes three points off your record for every year that you drive without a new traffic violation. Drivers with 12 to 14 points in over two years can pay to take the Driver Improvement Program classroom course instead of a 30-day driver’s license suspension and also get three points taken off of their records.
People can have two points removed once every five years after completing MVC-approved defensive driving courses.
The New Jersey Surcharge Violation System (NJSVS) assesses fines called surcharges on an annual basis to drivers who have excessive points for traffic violations or have been convicted of specific crimes. Surcharges must be paid for three years in addition to any court fines and penalties.
What are the Fines aka Surcharges in New Jersey for traffic offenses?
Annual surcharges may include:
- $150 plus $25 per point for accumulating six or more points on your driver’s license within three years
- $1,500 for a third DWI within three years of a previous offense ($4,500 total)
- $1,000 for refusal to take a test to measure breath or blood alcohol concentration (BAC) ($3,000 total)
- $1,000 for first and second convictions of driving while intoxicated (DUI) ($3,000 total)
- $250 for operating a vehicle without auto liability insurance ($750 total)
- $250 for driving with a suspended license ($750 total)
- $100 for being an unlicensed driver or driving with an expired license ($300 total)
- $100 for failure to insure a moped ($300 total)
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Violation
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Surcharge
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Unlicensed driver or driver with an expired license
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$100 ($300 total)
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Failure to insure a moped
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$100 ($300 total)
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Driving With A Suspended License
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$250 ($750 total)
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Operating an uninsured vehicle
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$250 ($750 total)
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First and second DWI
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$1,000 ($3,000 total)
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Refusing to take a test to measure blood alcohol concentration
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$1,000 ($3,000 total)
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3rd DWI within three years of last offense
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$1,500 ($4,500 total)
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When you do not make surcharge payments, the consequence will be a suspension of your driver’s license. Getting a driver’s license back will cost $100 plus payment of unpaid surcharges. Failure to pay surcharges can lead to a Superior Court judgment that allows the state to collect unpaid surcharges, usually through a collection agency that assesses additional costs and interest charges.
Depending on the case, our skilled attorneys may negotiate with the prosecutor and help you get a serious traffic offense charge reduced to a less serious infraction. That can help you avoid substantial penalties and points on your driver’s license.
Why Shouldn’t Drivers Represent Themselves?
Many drivers think that they can fight a small traffic ticket on their own. Unfortunately, like many things that seem no big deal at first, there is more complexity than meets the eye. The prosecutor will undoubtedly be handling dozens of similar cases during any given court session and can rarely afford to give each case much time and attention. That means that the driver has mere minutes to make their case. Unless he/she is fluent in NJ traffic ticket law he/she will have a much more difficult time matching wits with the prosecutor. Some individuals believe their best bet is to have a trial and either pray the police officer won’t show up (which rarely leads to a dismissal and requires 2-3 court appearances) or think that offering an excuse or explanation for what they did is going to help. The simple truth is that it won’t.
Most traffic violations are strict liability offenses which means that if the prosecutor can prove that the offense occurred, the defendant will be found guilty regardless of intention.
Mandatory Appearance Tickets in NJ
A driver who has been ticketed for an offense in NJ should look at the left-hand side of the ticket for a box with the words “Court Appearance Required.” If this box is checked, the driver must appear in court on the specific date noted at the location provided. In other words, simply paying the ticket online or via mail is not enough; the driver must show up in person. It is advisable in such situations to hire an attorney to accompany one to the court date. While the attorney usually cannot appear in lieu of the client in such cases, he/she can make arguments and present facts on his/her behalf and increase the odds of a dismissal or reduction of the charges.
How to Pay a NJ Traffic Ticket
If the driver decides to simply pay the traffic ticket (not recommended), he/she can do so one of three ways:
- Online at the MVC website.
- In person at the local municipal court.
- By mail, using the address indicated on the ticket.
NJ drivers will usually be offered a lower fine in exchange for paying the ticket without contesting it. This is intended to discourage drivers from challenging the ticket and fighting the charges in court. However, to do this is to accept having the offense listed on one’s driving record permanently, as well as suffering the consequences of points and a sharp increase in one’s auto insurance premiums.
It would be far wiser to send in the ticket with a “not guilty” plea and hire a skilled attorney to help fight the ticket in court.
Failure to Appear for a NJ Traffic Ticket
A person who fails to appear or misses a court date can face serious consequences. The court may send a notice of the missed court date with instructions for how to rectify the situation. If these instructions are not followed, a warrant for the driver’s arrest can be issued. The MVC can also be notified and suspend the driver’s license until the matter is satisfied.
Serious Traffic Violations in New Jersey
When it comes to traffic violations that can impact one’s license and auto insurance it is absolutely vital to hire a competent attorney to help fight the case. Certain serious violations carry fines that are much higher and some even carry a risk of jail time. The following traffic violations are simply a few of the more serious ones that a driver can be charged with committing:
- CDL Violations
- Driving on a Suspended License
- Driving Under the Influence/Driving While Intoxicated (DUI/DWI)
- Reckless Driving
- Leaving the Scene of an Accident
For each one of these, the penalties are even harsher than the average traffic ticket and the risk is even greater if one were to attempt to represent themselves in court.
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