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Moving Violations in New Jersey

http://www.state.nj.us/

Penalties and Fines: Point System (Moving Violations)

Any driver who is convicted of a moving violation, including offenses committed while operating a motorized bicycle or a vessel/boat, will be assessed points for each conviction in accordance with the N.J.S.A Point Schedule.

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 assessed for the third or subsequent violation(s) within a five-year period.)	4
39:4-98	Exceeding maximum speed 1-14 mph over limit	2
39:4-99	Exceeding maximum speed 15-29 mph over limit	4
39:4-99	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
39:4-129	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

Violations on the Palisades Interstate Parkway

413.1 Vehicle speed limits. (as approved 2/26/01)

(b) A rate of speed in excess of 50 miles an hour on the Palisades Interstate Parkway from the New York - New Jersey State Line to the southern terminus of the Parkway is prohibited. Every person who shall violate any of the provisions of such rules and regulations shall be liable to a penalty for each offense to a fine as follows:

(1) 51 - 59 $78.00

2006 - 19

(2) 60 - 64 $88.00

(3) 65 - 69 $98.00

(4) 70 - 74 $193.00

(5) 75 - 79 $213.00

(6) 80 - 84 $233.00

(7) 85 mph and over, Court Appearance Required

(c ) A rate of speed in excess of 25 miles an hour on park roads (not including Palisades Interstate Parkway) is prohibited. Every person who shall violate of the provisions of such rules and regulations shall be liable to a penalty for each offense to a fine as follows:

(1) 26 - 34 $78.00

(2) 35 - 39 $88.00

(3) 40 - 44 $98.00

(4) 45 - 49 $193.00

(5) 50 - 54 $213.00

(6) 55 - 59 $233.00

(7) 60 mph and over, Court Appearance Required

Point Violation Notices
MVC will automatically send an Advisory Notice if your point total is between 6 and 11. For a total of 12 or more points, MVC will issue an automatic Notice of Scheduled Suspension.

Points Remain on your Driver History Record
Even after your license is restored, all point violations remain on your permanent Driver History Record. However, this record differs from your current driver status; your current status equals the point total minus the point credit deductions.

414 Penalties for violations of rules and regulations:

414.1 Every person who shall violate any of the provisions of such rules and regulations shall be liable to a penalty for each offense to a fine of not more than $1,000.00, other than as set forth in 413.1 b & c or imprisonment in the county jail for a term of not more than 30 days, or both.

Interstate Compacts

New Jersey belongs to two Interstate Compacts. Member states exchange information to ensure driver compliance with the law and that they receive penalties for violations.

The Nonresident Violator Compact

includes 44 states* and the District of Columbia,
assures nonresident motorists the same rights and privileges as resident motorists,
requires drivers to fulfill the terms of traffic citations received in member states or face the possibility of license suspension in their home state,
provides that nonresident drivers have due process protection and cannot be detained out -of -state.

*Alaska, California, Michigan, Montana, Oregon and Wisconsin are not members.

Note: The compact does not apply to parking or standing violations, highway weight limit violations, and violations of Hazmat transportation laws.

The National Driver License Compact

exchanges violation information with other states* and the District of Columbia,
ensures that out -of -state violations become part of your NJ driving record. Two points are assessed for each moving violation.

*Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are not members.

If you received a New Jersey traffic ticket you have the constitutional right to plead "not guilty" and defend yourself in Municipal Court.

Why hire a lawyer to fight a traffic ticket?

If you pay the ticket, plead guilty or are convicted, you will pay fines and possibly increased insurance premiums and surcharges
If you already have points on your license, you may face suspension/revocation of your license
An experienced traffic attorney can help even the odds against you. We are in court every day helping people just like you and know what strategies work and which ones don't.
Often we can get the ticket reduced or dismissed. Traffic court can be intimidating and complicated. Don't go to court alone!
In some cases, if you reside out of state, we can handle the entire process without you having to appear in court
You may have a valid defense, but not be aware of it, or there may be lesser charges which can be negotiated on your behalf.

If the citation was the result of a traffic accident or other situation involving civil liability, a guilty verdict could make your civil case more difficult.

Whether you want to save money, avoid points, insurance premiums, surcharges, your drivers license or even jail time, we can provide the diligent preparation and attentiveness to detail your case deserves.