Motor Vehicle Violations PDF Print E-mail
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Friday, 25 January 2008

Penalties and fines

Driving is a privilege, not a right. If you break traffic laws, your driving privileges could be suspended or revoked resulting in fines and even imprisonment. The seriousness of your violations - and resulting penalties - are tracked by MVC using a point system.

If you are convicted of a moving violation, MVC will penalize you by adding points to your driving record. You will only get points on your record for moving violations - points are not assessed for parking and other violations. A table is provided for more information on the number of points earned for specific violations.


How do points affect you?

  • If you get six or more points within three years on your current driving record, you will be assessed a surcharge
  • If you get 12 or more points on your current driving record, your license will be suspended. You will receive a notice of scheduled suspension by mail
  • Getting points on your license may also increase your insurance rates. Contact your insurance agent for details

 

NJSA
Section
Offense Points
New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway
27:23–29 Moving against traffic
2
27:23–29 Improper passing
4
27:23–29 Unlawful use of median strip
2
All roads and highways
39:3–20 Operating constructor vehicle in excess of 45 mph
3
39:4–14.3 Operating motorized bicycle on a restricted highway
2
39:4–14.3d More than one 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 in crosswalk; 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 direction of officer
2
39:4–66 Failure to stop vehicle 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 public or private property to avoid a traffic sign or signal
2
39:4–71 Operating a motor vehicle on a sidewalk
2
39:4–80 Failure to obey direction of officer
2
39:4–81 Failure to observe traffic signals
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 to 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 a one-way street
2
39:4–86 Improper passing in no passing zone
4
39:4–87 Failure to yield to overtaking 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 highways
2
39:4–91–92 Failure to yield to emergency vehicles
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
39:4–97.2 Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)
4
39:4–98 Exceeding maximum speed 1-14 mph over limit
2
  Exceeding maximum speed 15-29 mph over limit
4
Exceeding maximum speed 30 mph or more over limit
5
39:4–105 Failure to stop for 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 turning 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 the scene of an accident –
no personal injury
2
Personal injury
8
39:4–144 Failure to observe stop or yield signs
2
39:5C–1 Racing on highway
5
39:5D–4 Moving violation committed out-of-state
2

 

DUI: Driving Under the Influence

The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious offense, carrying heavy penalties including:

  • Fines, fees and surcharges
  • Jail time
  • Community service


Mandatory fines and penalties

Driving or riding with an open container
Offense Fines   Community service
  1st   $200   –
  2nd   $250   10 days

 

Driving while possessing drugs
License loss Fines or surcharges
  2 years   Minimum $50 fine

 

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss
Fines, fees & surcharges
Prison term
Community service requirement
3 months
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*

 

Driving while possessing drugs
License loss Fines or surcharges
  2 years   Minimum $50 fine

 

Driving with a DUI suspension
License loss Fines or surcharges Prison term
Additional
 1–2 years
$500 fine
$250/year (for 3 years) surcharge
  10–90 days

 

Repeated DUI convictions
Offense
License loss
Fines, fees & surcharges
Prison term
Community service requirement
2nd offense within 10 years
2 years
$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days
and
12–48 hours IDRC*
3rd offense within 10 years of 2nd offense
10 years
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days
Up to 90 days (can reduce period of imprisonment) and 12–48 hours IDRC*

 

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss
Fines, fees & surcharges
Prison term
Community service requirement
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*

 

  • *IDRC - Intoxicated Driver Resource Center
  • *AERF - Alcohol Education and Rehabilitation Fund
  • Underage drinking may cause a six-month delay in getting a license
  • Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program


Failure to pay DUI surcharges will result in

  • Indefinite suspension of driving privileges
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action
Last Updated ( Saturday, 26 January 2008 )
 
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