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 & INSURANCE POINTS UNDER THE MOTOR VEHICLE STATUTES
Surcharges on points do not begin until there is an accumulation of 6 points, $150 for the first 6 and $25 for each point over. The D.M.V. may suspend your license at 12 points. However, points are assessed by the D.M.V. 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 2-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 2 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 D.M.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 D.M.V. points except, DWI, DWI Drugs, Refusal, No Insurance are each 9 points and at fault accident is 5 points. Each year of suspension within 3 years is 3 points, leaving the scene is 8 points.
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Speeding |
N.J.S.A. 39:4-98 |
14-29 miles over the limit |
4 points |
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Reckless Driving |
N.J.S.A. 39:4-96 |
5 points |
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Tailgating |
N.J.S.A. 39:4-89 |
5 points |
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Improper Turns |
N.J.S.A. 39:4-115 |
3 points |
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N.J.S.A. 39:4-123 |
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N.J.S.A. 39:4-124 |
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N.J.S.A. 39:4-125 |
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Passing on Right |
N.J.S.A. 39:4-85 |
4 points |
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Passing a School Bus |
N.J.S.A. 39:4-128:1 |
5 points |
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Passing a Dessert Truck |
N.J.S.A. 39:4-128:4 |
4 points |
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Leaving the Scene |
N.J.S.A. 39:4-129 |
8 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 4 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 |
3 years |
|
39:3-40 |
(Revoked) |
$250/yr |
3 years |
|
39:5-B2 |
(No Insurance) |
$250/yr |
3 years |
|
39:4-96 |
(Reckless) |
$100/yr |
3 years |
|
39:3-10 |
(No License) |
$100/yr |
3 years |
If these point surcharges are not paid as demanded, your will be notified of a proposed license suspension by the D.M.V. 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.
