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Allenhurst DWI Lawyers

  • Escandon, Fernicola & Kean:

    Traffic Violations

    MISCELLANEOUS TRAFFIC OFFENSES AND PLEA BARGAINING

    In New Jersey, most motor vehicle offenses carry points which are assessed by the New Jersey Motor Vehicle Commission and/or a suspension of your driving privileges. These points could result in surcharges from the NJMVC and/or your insurance company. If you are charged with speeding, careless driving, reckless driving, driving while suspended, or any other type of moving violation, contact an attorney to help you avoid points and driver’s license suspensions.

    The State of New Jersey permits attorneys to engage in plea bargaining with the municipal court prosecutors in order to reduce points and/or limit driving license suspensions. You should never simply pay your ticket and accept the penalties associated with that ticket without first discussing your case with a qualified and experienced attorney who specializes in municipal court cases.

    Below is a list of the various types of moving violations in NJ which carry points if your found guilty.

    Violation  Points

    39:4-66.2
    39:4-71   
    39:4-81    
    39:4-82  
    39:4-83  
    39:4-84  
    39:4-85  
    39:4-85.1 
    39:4-86   
    39:4-87  
    39:4-88  
    39:4-89  
    39:4-96  
    39:4-97  
    39:4-98
    39:4-99   
             
    39:4-105 
    39:4-115 
    39:4-123 
    39:4-124 
    39:4-125 
    39:4-126 
    39:4-127 
    39:4-128.1
    39:4-128.4
    39:4-129 
    39:4-144  2

    Driving on private property to avoid traffic signal or stop sign   2
    Improper driving on sidewalk 2
    Failure to observe traffic signal  2
    Failure to keep right  2
    Failure to keep right at intersection   2
    Failure to pass right of vehicle proceeding in opposite direction  5
    Improper passing on right or off roadway or shoulder  4
    Wrong way on one-way street  2
    Improper passing, in "No Passing" zone   4
    Failure to yield to overtake vehicle   2
    Failure to observe traffic lanes  2
    Tailgating  5
    Reckless driving  5
    Careless driving  2
    Speeding up to 14 mph above limit  2
    Speeding 15-29 mph above limit  4
    Speeding 30 mph or more above limit  5
    Failure to stop at traffic light  2
    Improper turn at traffic light  3
    Improper right or left turn  3
    Improper turn: from approved turning course  3
    Improper u-turn  3
    Failure to give proper signal  2
    Improper backing or turn in street  2
    Improper passing of school bus   5
    Improper passing of frozen dessert truck  4
    Leaving scene of accident - No injuries  2
    Failure to observe stop or yield signs  2

    If you have been to municipal court recently, you may have heard of a new statute that permits a person to plead guilty without having any points assessed against their driving record. This new statute is listed below.

    Driving, operating a motor vehicle in an unsafe manner, offense created; fines.

    1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

       b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

       c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

       d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5). THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

       e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.  L.2000, c.75, s.1.

    Remember, you should contact a lawyer who has experience in handling traffic and municipal court matters.

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