Common Traffic Tickets

A lot of people think that it is a good idea to represent themselves in municipal court because, "it's just a traffic ticket."  Well, you wouldn't perform surgery on yourself or give yourself a haircut, either.  This is the same thing.

Speeding - N.J.S.A 39:4-98

  • ​1-14 mph over limit - 2 points

  • 15-29 mph over limit - 4 points

  • 30 mph or more over limit - 5 points. 

    • In general, if you are charged with going 30 miles an hour over a speed limit, there is a chance that the judge will suspend your license, or in extreme cases, sentence you to jail time.  This depends on the judge and the circumstances, but it is a real concern.

  • A fine of $50-200.  This fine can be doubled if it is in a "safe corridor", 65 mph speed zone, or construction zone.

  • ​Up to 15 days in jail

Speeding is a strict liability offense, so not knowing that you were speeding is no defense.

However, if the speed is not posted on the road, or has not been cleared through the proper government channels, it can help.

Careless Driving - N.J.S.A. 39:4-97​

  • 2 points

  • A fine of $50-200.  This fine can be doubled if it is in a "safe corridor", 65 mph speed zone, or construction zone

  • ​Up to 15 days in jail

Reckless Driving - N.J.S.A. 39:4-96

  • 5 points

  • A fine of $50-200 for a first offense, and $100-500 for an additional offense.  These fines can be doubled if it is in a "safe corridor", 65 mph speed zone, or construction zone.

  • ​Up to 60 days in jail for a first offense, and up to 90 days in jail for an additional offense.

Unsafe Lane Change/Failure to Maintain Lane - N.J.S.A. 39:4-88

  • 2 points

  • A fine of $50-200.  This fine can be doubled if it is in a "safe corridor", 65 mph speed zone, or construction zone

  • ​Up to 15 days in jail

Driving Without Insurance - N.J.S.A. 39:6B-2

  • First offense:

    • A fine of $300-100

    • Loss of license for one year

    • Up to 30 days of community service

  • Second and subsequent offenses:

    • A fine of up to $5000

    • ​Loss of driving privileges for two years

    • 30 days of community service

    • 14 days in jail

Note that this can only be issued for a vehicle that is registered  or "primarily garaged" in NJ.

Leaving the Scene of an Accident and Failure to Report an Accident

These are commonly charged together because you will get in accident, then leave then scene and fail to report it to the police.  But the penalties are very different.

Failure to Report:

  • A fine of $30-100

Leaving the Scene:

  • Accidents involving injury or death

    • First offense

      • A fine of $2500-5000

      • One year loss of driver's license

    • Second or subsequent offense

      • Lifetime loss of driver's license

  • Accidents involving property damage

    • First offense

      • A fine of $200-400

      • Up to 30 days in jail

      • Loss of driver's license for up to 6 months

    • Second or subsequent offense

      • A fine of $400-600

      • Up to 60 days in jail

      • Loss of driver's license for up to one year

Tailgating/Following Too Closely - N.J.S.A. 39:4-89

  • Five points

  • A fine of $50-200 (doubled if in a construction zone or 65 mph speed zone)

  • Up to 15 days in jail

Driving with a Suspended Driver’s License

The penalties for driving while suspended depend on why you your license was suspended to begin with.  There are many different types of reasons as to why your license could be suspended.  These include:

  • Suspension by a municipal court judge for traffic offenses

  • Administrative suspension by the NJ Motor Vehicle Commission

  • Failing to appear in court or comply with a payment obligation

  • Conviction of a drug offense

  • Driving without car insurance

  • Failing to pay a MVC surcharge

  • Driving While Intoxicated

  • Failure to restore a suspended license

  • Failure to pay a parking ticket

  • Accumulation of 12 to 14 points within a two-year period

  • Failure to install ignition interlock device

  • Misrepresentation on a driver’s license application

  • Refusing to take a chemical breath test

  • Driving without insurance

  • Failing to pay an accident victim after a lawsuit

  • Not appearing in court on a scheduled date

  • Abandoning a vehicle

  • Leaving the scene of an accident

  • Failure to pay child support

  • Loaning your license or car to a suspended driver

WHEN YOUR LICENSE WAS SUSPENDED FOR MOST REASONS:

1st Offense

  • $500 fine

  • Loss of driver's license for up to 6 months

2nd Offense

  • $750 fine

  • Loss of driver's license for up to 6 months

  • Up to 5 days in jail

  • If 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

3rd or Subsequent Offense

  • $1000 fine

  • Loss of driver's license for up to 6 months

  • 10 days in jail

  • If 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

WHERE YOUR LICENSE WAS SUSPENDED FOR LACK OF INSURANCE

1st Offense

  • $1000 fine

  • Driver’s license suspension between 12-30 months

  • Up to 90 days in jail

2nd Offense

  • $1250 fine

  • Driver’s license suspension between 12-30 months

  • Up to 90 days in jail

  • If 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

3rd or Subsequent Offense

  • $1500 fine

  • Driver’s license suspension between 12-30 months

  • 10-90 days in jail

  • If 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

DRIVING WHILE SUSPENDED FOR DWI

  • In addition to the penalties for driving while suspended, an additional $500 fine

  • Additional suspension of one to two years

  • 10-90 days in jail

  • Suspension of the operator’s registration

If it is a second, third, etc., conviction for driving while suspended, when the original suspension was for DWI/DUI, is a Fourth Degree crime. A minimum jail sentence of 180 days is required. It can be for up to eighteen months. There is no parole, or reduction of time off the 180 days for “good behavior.” The judge may, additionally, impose a fine of up to $10,000.