The loss of a driver’s license usually results in at least a great deal of inconveniences, however most drivers choose to plead guilty the moment the police officer charges them of traffic violations. They believe that it is more convenient if they simply acknowledge fault even if there is sufficient reason that there is no violation committed.

Little do they know that accumulation of traffic tickets in the state of New Jersey may result to more serious legal implications other than fines, points on your license and community services. They are not aware of the fact that it may give them a free ticket to court, license suspension which extends to other states, surcharges, and increased insurance costs. Due to these factors, it pays dividends for each and every driver if they are aware of the common traffic ticket violations committed in the State of New Jersey and know when to seek legal counsel before pleading.

Don’t plead guilty until you have sought legal counsel

SUSPENDED LICENSE

The violation of Driving While Suspended is grounded on the NJSA 39:3-40 which states this prohibition, “No person to whom a driver license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver’s license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition.”

Various reasons may be considered as possible grounds for the suspension of license. A few of these are as follows:

1. reckless driving
2. fault in a fatal accident
3. failure to appear in court
4. failure to pay due fines
5. failure to provide proof of insurance
6. failure to pay child support
7. accumulation of 12 points or more on your driver record
8. driving with a suspended license
9. driving under the influence of drugs or alcohol
10. vehicle abandonment on a public highway

 

Nevertheless, when traffic police order you to pull over, he or she may not be aware of the license suspension status so the best thing to do is to remain silent. You have better chances of defending yourself in court in this manner and rely on the assistance of well experienced traffic lawyers to assist you.

However if you have been proven guilty of this violation then below is the possible penalty which may imposed upon your driver’s license:

FIRST OFFENSE

1. A fine which amounts to $502 plus an additional $30 court costs.
2. Suspension of Driver’s License ranging from one day to six months.
3. A surcharge of $250 per year for three years.

SECOND OFFENSE

1. a. A fine which amounts to $752 plus an additional $30 court costs.
2. Suspension of Driver’s License for a mandatory 6 month suspension.
3. A surcharge of $250 per year for three years.
4. Jail time of 1 to 5 days.

 

THIRD OFFENSE

1. A fine which amounts to $1,002 plus an additional $30 court costs.
2. Suspension of Driver’s License for a mandatory 6 month suspension.
3. A surcharge of $250 per year for three years.
4. Jail time of a mandatory of ten days.

 

Types of License Suspension

There are two ways wherein your license can be suspended: administrative and court imposed suspension.

Administrative Suspension is given to the driver who has either accumulated 12 or more points with the DMV, failure to appear in court due upon a traffic summon or failure to pay court fines and insurance surcharges.

Court Ordered Suspension on the other hand is given by the court for drivers who have been charged guilty of reckless driving and DWI. However, amidst these restriction and prohibition there are still man hardheaded drivers who proceed with their desire to drive.

TAILGATING

N.J.S.A. traffic rules states the following:

“The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent….”
and the law in NJ with regards to this matter is strictly implemented.

Statistics show that tailgating is the second major cause of accidents in NJ and is awarded the five (5) points to your driving record and a fine of $85 but if you committed the violation in a construction zone, 65 mile-per-hour-area and designated safe corridor then you may need to pay $140.

This is not the highest penalty for tailgating. When you have accumulated six (6) or more points on your NJ driving record within a scope of three (3) years you will be required to pay a surcharge of $150 and $25 for each succeeding point you will incur. Of course, this is not withstanding the court fines, penalties and inconveniences you may experience due to this violation.

RECKLESS DRIVING

The rules and prohibitions of reckless driving are stated in NJSA 39:4-96 which states:

“A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving . . .”

It carries five points on your driving record and requires violators to pay a fine of no less than $50 yet no more than $200. Nevertheless, since this is considered a major offense in NJ, the violator may be imprisoned by law for 60 days and be imposed by the judge to have his or her license suspended especially if he or she has been classified as a road hazard.

If the violator fails to learn from this mistake and commits it yet again, the subsequent offense incur a fine of $100 to $500 while the days of imprisonment are increased to 90 days and at time $180.

CARELESS DRIVING

The NJSA law on careless driving states this definition:

“A person, who drives a vehicle carelessly or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving. . .”

Of course, careless driving is not of equal offense in comparison to reckless driving yet it also entails paying a fine which amounts to $85 to $140 depending on the road where the violation took place. It will also result in two points added to your driving record.

SPEEDING TICKETS

NJSA 39:4-98 indicates the rule in the issuance of speeding tickets. Its contents are as follow:

“A motorist may lawfully operate his or her motor vehicle at the following speeds unless an alternative speed limit has been approved by the appropriate State, County and/or Municipal authority:

1. Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;
2. (1) Twenty-five miles per hour in any business or residential district; or
   (2) Thirty-five miles per hour in any suburban business or residential district;
3. Fifty miles per hour in all other locations, except as otherwise provided in the “Sixty-Five MPH Speed Limit Implementation Act, N.J.S. 39:4-98.3.

 

Violations of speeding tickets will result to the awarding of the following fines under the following factors:

Outside the safe corridor or construction zone:

• Exceeding speed limit by 1-9 miles per hour, $85
• Exceeding speed limit by 10-14 miles per hour, $95
• Exceeding speed limit by 15-19 miles per hour, $105
• Exceeding speed limit by 20-24 miles per hour, $200
• Exceeding speed limit by 25-29 miles per hour, $220
• Exceeding speed limit by 30-34 miles per hour, $240
• Exceeding speed limit by 35-39 miles per hour, $260

Within the safe corridor or construction zone:

• Exceeding speed limit by 1-9 miles per hour, $140
• Exceeding speed limit by 10-14 miles per hour, $160
• Exceeding speed limit by 15-19 miles per hour, $180

Additional points will also be awarded to speeding violators. The points are as follow:

• Exceeding speed limit by 1-14 miles per hour, two points
• Exceeding speed limit by 15-29 miles per hour, four points
• Exceeding speed limit by 30 miles per hour or more, five points

But if he or she exceeds the limit of 40 miles pre hour then in addition to these fines and points, he or she will be ordered to appear in court.

FAILURE TO STOP FOR TRAFFIC LIGHT

Every driver knows that a GREEN light means GO, ORANGE signals the driver to prepare while a RED means STOP. Unfortunately, some drivers manage to violate this simple rule.

As a result, he or she will be punished by incurring two points on their record. These may be irrelevant for some but traffic points have no expiration and if you begin incurring multiple points you may soon find yourself facing a large amount of fines you need to pay.

DRIVING WITHOUT INSURANCE

Driving without insurance in New Jersey is a serious offense which will result to the following penalties according to state statues:

First offense: Up to $1000 fine; community service; DMV surcharges of $250 for 3 years; 9 insurance points

Second offense: Up to $5000 fine; mandatory jail sentence of 14 days; 30 days community service; license suspension for 2 years or more;

LEAVING THE SCENE OF THE ACCIDENT

No matter what the reason may be for leaving the scene of an accident you will be charged with a criminal offense under the New Jersey Criminal Law of “Action in Case of Accident” and can be charged with the following penalties once proven guilty in court, with severe penelties if the accident resulted in the death or serious bodily injury of another person.

1. Prison up to 6 months
2. $500-$1000 fine (up to $2000 for 2nd Offense)
3. 1 year license suspension (Permanent revocation for 2nd Offense)

 

If the accident results only in vehicle or property damage then the due penalties are as follow:

1. Prison up to 1 month (3 months for Second Offense)
2. $200-$400 fine (up to $600 for a Second Offense)
3. 6 month license suspension (1 year suspension for Second Offense)

 

DWI/DUI

Just as with other states,driving while intoxicated (DWI) or driving under intoxication (DUI) is a very serious offense. The heavy fines and suspension periods of your licnese can dramatically change your life costing you financially and massive inconveniences. Certain privileges may be withheld from you so it is absolutely necessary to hire an experienced traffic lawyer to determine whether legal charges can be dismissed so you can regain your license and other rights.

If you have no intention of asking legal assistance then you may simply need to prepare for one of the following penalties to be charged upon you.

First Offense With Blood Alcohol Content Between 0.08% and 0.10%

1. Three months suspended driver’s license
2. $250-$400 fine
3. 12-48 hours at Intoxicated Driver Resource Center
4. Up to 30 days imprisonment

 

First Offense With Blood Alcohol Content Over 0.10%

1. Seven months to one year suspended driver’s license
2. $300-$500 fine
3. 12-48 hours IDRC
4. Up to 30 days imprisonment

 

Second Offense

1. Two years suspended driver’s license
2. $500-$1,000 fine
3. 30 days community service
4. 12-48 hours IDRC
5. 48 hours to 90 days imprisonment

 

Third or Subsequent Offense

1. Ten years suspended driver’s license
2. $1,000 fine
3. Up to 90 days community service
4. 12-48 hours IDRC
5. 180 days imprisonment

 

Refusal to undergo a Chemical Test, First Offense

1. Seven months to one year suspended driver’s license
2. $300-$500 fine
3. 12 hours minimum IDRC

 

Refusal to undergo a Chemical Test, Second Offense

1. Two years suspended driver’s license
2. $500-$1,000 fine
3. 12 hours minimum IDRC

 

Refusal to undergo a Chemical Test, Third or Subsequent Offense

1. Ten years suspended driver’s license
2. $1,000 fine
3. 12 hours minimum IDRC

 

OTHER VIOLATIONS

There are over a dozen more traffic violations related to New Jersey traffic law, a few of these minor violations including:

1. Improper passing
2. Failure to yield
3. Failure to stop
4. Improper u-turn
5. Improper crossing of bridge
6. Improper passing of school bus

 

If you have been convicted of a traffic violation and do not wish any additional points awarded to your driving recorded or loss of license it is crucial to look for experienced traffic lawyers who can prove your innocence and give you the best defense. And remember above all things, do NOT plead guilty until you have sought legal counsel.

Defending clients in and around Garfield, NJ with Traffic Violation cases has been a regular task for Sammarro & Zalarick, P.A. who with over 40 years combined experience can expertly assist with any matter relating to the New Jersey Traffic law, so do not hesitate to Contact Us Online or call our office at 1-973-478-1026 for a free initial consultation and case evaluation.