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LEGAL QUESTIONS AND ANSWERS

TRAFFIC OFFENSES / MUNICIPAL COURT

 Protect your Rights.

Before you plead guilty and face substantial fines, penalties, surcharges and possible loss of your driving privileges, speak with an attorney who is experienced in handling these matters

Q:  What are DMV points?

A:  The Division of Motor Vehicles keeps track of your driving record by adding points to your record when you are convicted of a moving violation. The more serious the violation, the more points you are given.

Q:  How many points does DMV assess for traffic tickets?

A:  A person who is convicted of any of the following offenses will be assessed points by the New Jersey Division of Motor Vehicles in accordance with the following schedule:

  • 27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
  • 27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4
  • 27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
  • 39:3-29 Operating Constructor vehicle in excess of 30 mph 3
  • 39:4-14.3 Operating motorized bicycle on restricted highway 2
  • 39:4-14.3d More than 1 person on a motorized bicycle. 2
  • 39:4-35 Failure to yield to pedestrian in crosswalk. 2
  • 39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
  • 39:4-41 Driving through safety zone. 2
  • 39:4-52 Racing on Highway 5
  • 39:4-55 Improper action or omission on grades and curves 2
  • 39:4-57 Failure to observe directions of officer. 2
  • 39:4-66 Failure to stop before crossing sidewalk 2
  • 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
  • 39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
  • 39:4-71 Improper driving on sidewalk 2
  • 39:4-80 Failure to obey direction of officer 2
  • 39:4-81 Failure to observe traffic signal 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 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 one-way street 2
  • 39:4-86 Improper passing, in "No Passing" zone 4
  • 39:4-87 Failure to yield to overtake 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 highway 2
  • 39:4-91, Failure to yield to emergency vehicle 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
  • 39:4-98 Speeding up to 14mph above limit 2
  • 39:4-98 Speeding 15-29 mph above limit 4
  • 39:4-98 Speeding 30 mph or more above limit 5
  • 39:4-105 Failure to stop at 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 turn 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 frozen dessert truck 4
  • 39:4-129 Leaving scene of accident- No injuries 2
  • 39:4-129 Leaving scene of accident- Personal Injury 8
  • 39:4-144 Failure to observe of stop or yield signs 2
  • 39:5D-4 Moving violation out-of-state 2

Q:  Do points cost me money?

A:  Insurance companies may raise the premiums charged to drivers with points. Also, DMV assesses a "surcharge" to anyone who carries six or more points. If the surcharge is not paid, the driver’s license will be suspended.

Q:  How do points effect my driving privileges?

A:  The DMV will suspend a person’s driver’s license in accordance with the following schedule:

  • 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 than180 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

CAUTION! You will have a CONVICTION on your record if you plead guilty in Court, or if you mail in the fine with your ticket when a court appearance is not required.

That conviction may result in DMV SURCHARGES, INCREASED INSURANCE COSTS and LOSS OF LICENSE.

CALL 732-244-0500 for a FREE telephone consultation with a former Municipal Court Prosecutor with more than 24 years of experience who can explain the true impact of that conviction and provide you with competent representation.

 
Q: What are the fines and penalties for traffic offenses?

A:  Many traffic offenses carry minimum, mandatory fines and penalties. Some of them are as follows (court costs are not included):

N.J.S.A. 39:3-40 - Driving after license has been suspended - First Offense -$500 and up to 6 mos. additional license suspension;

Second Offense - $750 and not more than 5 days imprisonment and up to 6 mos. additional license suspension; if second offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended

Third Offense - $1,000 and 10 days imprisonment and up to 6 mos. additional license suspension; if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate and plates for the period driver’s license is suspended.

Note: In addition to above penalties for violation of 39:3-40, in case of accident resulting in personal injury to another person, include 45 to 180 days imprisonment; if accident results in death or serious bodily injury to another person, driver’s license shall be suspended for additional period of one year.

N.J.S.A. 39:3-40(f)(1) - Driving during suspension for driving without insurance  First Offense- $500.00 and possible imprisonment for up to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties.

39:3-40(f)(1) - Driving during suspension for driving without insurance  First Offense- $500.00 and possible imprisonment for up to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties.

Driving during suspension for driving without insurance Second Offense- $1,250 and possible imprisonment for up to 90 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 yrs. of prior conviction for 39:3-40, then Revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

Driving during suspension for driving without insurance Third or Subsequent Offense- $1,500 and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 years of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

N.J.S.A. 39:3-40(f)(2) - Driving during suspension for driving while intoxicated or refusing Chemical test or habitual offender First Offense -  $1,000 and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver’s license and revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties. The judge should consult the statute. Also see penalties under 39:4-50a.

39:3-40(f)(2) - Driving during suspension for driving while intoxicated or refusing Chemical test or habitual offender First Offense -  $1,000 and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver’s license and revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties. The judge should consult the statute. Also see penalties under 39:4-50a.

Driving during suspension for driving while intoxicated or refusing Chemical test or habitual offender Second Offense - $1,250 and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension fo driver’s license and revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

Driving during suspension for driving while intoxicated or refusing Chemical test or habitual offender Third or Subsequent Offense - $1,500 and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver’s license and revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

N.J.S.A. 39:3-40(f)(3) - Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing First Offense - $1,000 and imprisonment for 60 to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties. The judge should consult the statute. Also, see penalties under 39:4-50a.

39:3-40(f)(3) - Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing First Offense - $1,000 and imprisonment for 60 to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties. The judge should consult the statute. Also, see penalties under 39:4-50a.

Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing - Second Offense- $1,250 and imprisonment for 120 to 150 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing Third or Subsequent Offense - $1,500 and imprisonment for 180 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

N.J.S.A. 39:3-40(g) - Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 First Offense - $500 and up to 6 mo. suspension of driver’s license and $3,000 fine to be collected by DMV (waived upon payment of total surcharge imposed).

Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29-35 Second Offense- $750 and up to 6 mo. suspension of drivers license and up to 5 days imprisonment and $3,000 fine to be collected by DMV (waived upon payment of total surcharges imposed).  If offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended.

Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 - Third or Subsequent Offense - $1,000 and up to 6 mo. suspension fo drivers license and up to 10 days imprisonment and $3,000 fine to be collected by DMV (waived upon payment of total surcharge imposed). If offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended.

N.J.S.A. 39:3-40(f)(3) - Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing First Offense - $1,000 and imprisonment for 60 to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties. The judge should consult the statute. Also, see penalties under 39:4-50a.

39:3-40(f)(3) - Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing First Offense - $1,000 and imprisonment for 60 to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties. The judge should consult the statute. Also, see penalties under 39:4-50a.

Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing - Second Offense- $1,250 and imprisonment for 120 to 150 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing Third or Subsequent Offense - $1,500 and imprisonment for 180 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

N.J.S.A. 39:3-40(g) - Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 First Offense - $500 and up to 6 mo. suspension of driver’s license and $3,000 fine to be collected by DMV (waived upon payment of total surcharge imposed).

Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29-35 Second Offense- $750 and up to 6 mo. suspension of drivers license and up to 5 days imprisonment and $3,000 fine to be collected by DMV (waived upon payment of total surcharges imposed).  If offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended.

Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 - Third or Subsequent Offense - $1,000 and up to 6 mo. suspension fo drivers license and up to 10 days imprisonment and $3,000 fine to be collected by DMV (waived upon payment of total surcharge imposed). If offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended.

N.J.S.A. 39:3-40(f)(3) - Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing First Offense - $1,000 and imprisonment for 60 to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties. The judge should consult the statute. Also, see penalties under 39:4-50a.

39:3-40(f)(3) - Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing First Offense - $1,000 and imprisonment for 60 to 90 days and 12 to 30 mos. additional suspension of driver’s license, in addition to the above penalties. The judge should consult the statute. Also, see penalties under 39:4-50a.

Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing - Second Offense- $1,250 and imprisonment for 120 to 150 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing Third or Subsequent Offense - $1,500 and imprisonment for 180 days and 12 to 30 mos. additional suspension of driver’s license; if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended, in addition to the above penalties.

N.J.S.A. 39:3-40(g) - Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 First Offense - $500 and up to 6 mo. suspension of driver’s license and $3,000 fine to be collected by DMV (waived upon payment of total surcharge imposed).

Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29-35 Second Offense- $750 and up to 6 mo. suspension of drivers license and up to 5 days imprisonment and $3,000 fine to be collected by DMV (waived upon payment of total surcharges imposed).  If offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended.

Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 - Third or Subsequent Offense - $1,000 and up to 6 mo. suspension fo drivers license and up to 10 days imprisonment and $3,000 fine to be collected by DMV (waived upon payment of total surcharge imposed). If offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver’s license is suspended.

N.J.S.A. 39:4-49.1 - Operation of a motor vehicle while in possession of controlled dangerous substance -
2 year suspension of driver's license.  $50 minimum fine
plus DMV points, plus additional car insurance eligibility points.

N.J.S.A. 39:4-50 - Driving while intoxicated

  (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates amotor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the
defendant's blood shall be subject:

  (1) For the First Offense:

  (i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of
the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

  (ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of
narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the
program requirements of the Intoxicated Driver Resource Centers
established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

   (2) For a Second Offense, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L. 1999, c. 417 (C. 39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L. 1995, c. 286 (C. 39:3-40.1).

  (3) For a Third or Subsequent Offense, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L. 1999, c. 417 (C. 39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L. 1995, c. 286 (C. 39:3-40.1).
 
 
  A conviction of a violation of a law of a substantially similar nature
in another jurisdiction, regardless of whether that jurisdiction is a
signatory to the Interstate Driver License Compact pursuant to P.L.
1966, c. 73 (C. 39:5D-1 et seq.), shall constitute a prior conviction
under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.

  If the driving privilege of any person is under revocation or
suspension for a violation of any provision of this Title or Title 2C of
the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed,
to an inpatient rehabilitation program or to an Intoxicated Driver
Resource Center or other facility approved by the chief of the
Intoxicated Driving Program Unit in the Department of Health and Senior Services. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).

  A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

  (b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of
imprisonment in a county jail and a driver license revocation or
suspension and continuation of revocation or suspension until such
requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S. 39:5-22. Upon sentencing, the court shall forward to the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L. 1983, c. 531 (C. 26:2B-32) to support the Intoxicated Driving Program Unit.

    (g) When a violation of this section occurs while:

  (1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

  (2) driving through a school crossing as defined in R.S. 39:1-1 if
the municipality, by ordinance or resolution, has designated the
school crossing as such; or

  (3) driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than 2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each
day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person.

   (h) A court also may order a person convicted pursuant to subsection a. of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department:

  (1) a trauma center, critical care center or acute care hospital
having basic emergency services, which receives victims of motor
vehicle accidents for the purpose of observing appropriate victims
of drunk drivers and victims who are, themselves, drunk drivers;

  (2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or

  (3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers. As used in this section,"appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be   appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.

  If at any time before or during a visitation the facility's supervisory
personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct. If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the
defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by
the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage.

Plus DMV points; plus additional car insurance eligibility points.

N.J.S.A. 39:4-50.4a. -  Refusal to submit to chemical test

   a. The municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50, shall refuse to submit to a test provided for in section 39:4-50.2 when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.


 39:4-50.14 Operation of motor vehicle by person whose blood alcohol is
between .01% and .10% 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.  See DWI fines and penalties at


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 car insurance 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 forever and 2
additional car insurance points and increase in car insurance, usually
for 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 car insurance points, usually for 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 car insurance points, usually for 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 car insurance points, usually for 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 car insurance 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 car insurance 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 car insurance points, usually for 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 car insurance 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 car insurance 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 car insurance 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 car insurance 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 car insurance 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 car 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.

* Fines and penalties are amended from time to time.  Call our office for up to date information.

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Law Office of Joseph Pinizzotto
189 Route 37 West Toms River, NJ 08755
Phone: 732-244-0500 Fax: 732-286-0629