Points And Surcharges Can Accumulate

The moving violations listed below are normally heard in Municipal Court. The DMV and insurance companies assess points against you based on any convictions. A reduction in charge may result in a reduction of points and save you considerable money in surcharges and penalties.

DMV And Insurance Points Under The Motor Vehicle Statutes

Surcharges on points do not begin until there is an accumulation of six points, $150 for the first six and $25 for each point over. The DMV may suspend your license at 12 points. However, points are assessed by the DMV and not by the Court. The Court only assesses fines and may suspend your license for any violation. The Court does not normally suspend licenses unless there is extreme speed, recklessness or some other unusual factor. A two-point ticket will not normally cause your insurance premiums to increase; however, you should ask your carrier if this is correct in your case. Below are moving violations that carry more than two points and may cause problems for you.

An experienced attorney may be able to defend you against any of these charges or is often successful in reducing the original charge and thereby reducing the points the DM.V will assess. This may also lessen the amount of the fine. You must decide whether you will save more in reduced premiums and fines than the cost of the attorney's fee.

Some insurance companies assess premium levels by accumulated insurance points. These points are normally the same as DMV points except, DWI, DWI Drugs, Refusal, No Insurance are each nine points and at-fault accident is five points. Each year of suspension within three years is three points, leaving the scene is eight points.

Speeding

NJSA 39:4-98

14-29 miles over the limit
30 miles over the limit

Four points
Five points

Reckless Driving

NJSA 39:4-96

Five points

Tailgating

NJSA 39:4-89

Five points

Improper Turns

NJSA 39:4-115

Three points

NJSA 39:4-123

NJSA 39:4-124

NJSA 39:4-125

Passing on Right

NJSA 39:4-85

Four points

Passing a School Bus

NJSA 39:4-128.1

Five points

Passing a Dessert Truck

NJSA 39:4-128:4

Four points

Leaving the Scene

NJSA 39:4-129

Eight points

You must include in your calculations the increase in auto insurance premiums. Each insurance contract is different; however increases usually occur at or above four points. Insurance and DMV points may be assessed if an accident occurred. This possibility and the use of in court statements in Municipal Court against you on a civil suit may prompt you to retain counsel.

Insurance Surcharges

In addition to the surcharges assessed for points the DMV assesses surcharges:

39:4-50

(DWI)

$1000/yr

Three years

39:3-40

(Revoked)

$250/yr

Three years

39:5-B2

(No Insurance)

$250/yr

Three years

39:4-96

(Reckless)

$100/yr

Three years

39:3-10

(No License)

$100/yr

Three years

If these point surcharges are not paid as demanded, your will be notified of a proposed license suspension by the DMV. The vast majority of driving revoked violations arise from failure to heed these notices. All New Jersey residents must pay these surcharges and out of state violators must now pay as well.