Bagolie Friedman:
DO YOU HAVE A PENDING COURT DATE? NEED SOUND ADVICE?
- Disorderly & Petty Offenses
- Driving without Insurance
- Driving While Intoxicated (DWI) / Driving Under Impairment (DUI)
- Speeding
- Revoked or Suspended Driver
- Neighborhood Disputes
- Ordinance Violations
Many of these violations have severe penalties associated with them. In some
cases, especially repeat offenses, you may be facing loss of license, high court
fines, or incarceration. If you plead guilty, or are found guilty of many of
these of these offenses, you may also face costly New Jersey State Insurance
Surcharges.
With most offenses of this magnitude, the judge will advise you of your rights,
This is called an arraignment. It is your opportunity to immediately contact
our office for advice, direction and assistance with your matter. We can help
you understand what you may be facing, dissect your possible defenses, and help
you through this trying time. Call BAGOLIE FRIEDMAN Now at 1 (866) 333-3529
to make an appointment.
For a detailed explanation of the potential consequences of conviction for
Driving While Intoxicated in New Jersey, Click the link below.
http://www.state.nj.us/mvc/cit_violations/d_vp_dui.html
Traffic Fines, Ponts and Potential Jail Time
39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous
substance- Fine and 2 years suspension of driver's license $50 Plus DMV points;
plus additional car insurance eligibility points.
39:4-50 Operating under the influence- DWI
(See chart at www.njlaws.com)
Plus DMV points; plus additional car insurance eligibility points.
39:4-50.2 Refusal to undergo breathalyzer test-
(See chart at www.njlaws.com)
39:4-50.14 Operation of motor vehicle by person whose blood alcohol
is between .01% and .10% and is under the legal age to purchase alcoholic
beverages - Loss of license for not less than 30 days nor more than
90 days and perform community service for not less than 15 days nor
more than 30 days. In addition, must satisfy program and fee requirements
of the IDRC or participate in a program of alcohol education and highway
safety. Penalties shall be in addition to the penalties which the
court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A.
39:4-50, or any other law. See DWI fines and penalties at www.njlaws.com.
39:4-51a Consumption of alcoholic beverage by operator or passenger- First
offense: $200 Second or subsequent offense: Fine $250 or 10 days community service
39:4-51b Possession of open container of alcohol in passenger
compartment-
First offense: $200
Subsequent offense: Fine $250 or 10 days community service
39 :4-52 Racing on highway-
First offense $25-$100
5 DMV points, 5 car insurance points
39:4-66.2 Operation of motor vehicle on public or private property to avoid
traffic signal- Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and violation stays on DMV abstract forever and 2 additional car
insurance points and increase in car insurance, usually for three years.
39:4-81 Failure to obey traffic control device-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points, usually for three years.
39:4-82 Failure to keep right-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points, usually for three years.
39:4-82.1 Failure to drive on right-hand roadway-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points, usually for three years.
39:4-83 Failure to keep to right at intersection-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points, usually for three years.
39:4-84 Failure to pass to right when proceeding in opposite direction- Fine
or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional
car insurance points. Also, Judge/Magistrate can suspend driver's license.
39:4-85 Failure to pass to left when overtaking-
Fine or imprisonment not exceeding 15 days, or both $50-$200
4 DMV points and 4 additional car insurance points. Also, Judge/Magistrate an
suspend Driver's license.
39:4-85.1 Wrong way on one-way street-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points, usually for three years.
39:4-86 Failure to overtake and pass properly-
Fine or imprisonment not exceeding 15 days, or both $50-$200
4 DMV points and 4 additional car insurance points.
39:4-87 Failure to give overtaking vehicle right of way-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-88 Failure to drive properly in marked lanes-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-89 Following vehicle too closely-
Fine or imprisonment not exceeding 15 days, or both $50-$200
5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can
suspend driver's license.
39:4-90 Failure to yield right of way at intersection-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-90.1 Entering or leaving limited access highways improperly- Fine or imprisonment
not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance
points.
39:4-91 Failure to yield right of way to emergency vehicles- Fine or imprisonment
not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance
points.
39:4-92 Failure to pull over for emergency vehicles and following an emergency
vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $50-$200
39:4-96 Reckless driving-
First offense: Fine or imprisonment not exceeding 60 days, or both $50-$200
Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or
both $100-$500 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate
can suspend driver's license.
39:4-97 Careless driving-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-97a Motor vehicle operation causing property damage-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-97.1 Slow speed as to block traffic-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons
or property- First offense: $50-$150 Second offense: $100-$250 Third or subsequent
offense: $200-$500 and 4 points
39:4-98 Speeding-
Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on
certain highways 1-14 mph over limit: 2 points, 15-29 mph over limit: 4 points,
30 or more mph over limit: 5 points Judge/Magistrate can suspend driver's license
for speeding. Also, in 65 mph zone, fines are doubled
39:4-115 Failure to make proper turn-
Fine or imprisonment not exceeding 15 days, or both $50-$200
3 DMV points and 3 additional car insurance points.
39:4-119 Failure to observe flashing traffic signals-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-122 Failure to obey whistle of police officer-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-123 Failure to make proper turn-
Fine or imprisonment not exceeding 15 days, or both $50-$200
3 DMV points and 3 additional car insurance points.
39:4-124 Failure to turn as indicated by buttons or markers at
intersection-
Fine or imprisonment not exceeding 15 days, or both $50-$200
3 DMV points and 3 additional car insurance points.
39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn"
sign-
Fine or imprisonment not exceeding 15 days, or both $50-$200
3 DMV points and 3 additional car insurance points.
39:4-126 Failure to signal before starting, turning or stopping- Fine or imprisonment
not exceeding 15 days, or both $50-$200 2 DMV points and 3 additional car insurance
points.
39:4-127 Backing or turning in street-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-127.1 Failure to stop at railroad crossings-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 additional car insurance points.
39:4-127.2 Failure to stop at approaches to movable span bridges- Fine or imprisonment
not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance
points
39:4-128.1 Passing school bus while picking up or discharging- First offense:
Fine or imprisonment not exceeding 15 days or 15 days community service, or
both $100. Community service may be collecting trash cans or working at recycling
center or landfill. Subsequent offense: Fine or imprisonment not exceeding 15
days, or both $250 none 2 DMV points and 2 additional car insurance points.
39:4-129(a) Leaving the scene of accident involving injury or death- First
offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges
for 1 year from date of conviction $500-$1000 Imprisonment shall be imposed
only if injury to another person. 8 points. Subsequent offense: Fine or 180
days imprisonment from date of conviction, or both, and permanent forfeiture
of driver's license $1000-$2000 Imprisonment shall be imposed only if injury
to another person.
39:4-129(b) Leaving the scene of accident involving damages to attended
vehicle or property- First offense: Fine or imprisonment not exceeding
30 days, or both, and suspension of driving privileges for six months
from date of conviction $200-$400. Subsequent offense: Fine or imprisonment
not less than 30 days nor more than 90 days, or both, and suspension
of driving privileges for 1 year from date of conviction $400-$600
2 DMV points and 2 car insurance points
39:4-129(d) Leaving the scene of accident involving damages to unattended
vehicle or property- First offense: Fine or imprisonment not exceeding
30 days, or both, and suspension of driving privileges for six months
from date of conviction. $200 $400 Subsequent offense: Fine or imprisonment
not less than 30 days nor more than 90 days, or both, and suspension
of driving privileges for 1 year from date of conviction. $400-$600
2 DMV points and 2 car insurance points
39:4-130 Failure to report accident-
$30-$100
39:4-144 Failure to obey "Stop" or "Yield Right of Way"
signs- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points
and 2 car insurance points
39:6B-2 Failure to carry motor vehicle insurance coverage- First offense: Fine
and a period of community service as determined by the court, and suspension
of driving privileges for 1 year $300-$1000 Community service can be working
at recycling or landfill. Subsequent offense: Fine and shall be subject to 14
days imprisonment, and 30 days community service and suspension of driving privileges
for 2 years from date of conviction $5000 Community service can be working at
recycling or landfill.
N.J.A.C. 13:19-10.2 Point Accumulation; period of suspension
(a) The Director shall, except for good cause, suspend a person's license
to operate a motor vehicle and/or motorized bicycle in
accordance with the following schedule:
POINTS ACCUMULATED PERIOD OF SUSPENSION
12 to 15 points in a period of two years or less; 30 days
16 to 18 points in a period of two years or less; 60 days
19 to 21 points in a period of two years or less; 90 days
22 to 24 points in a period of two years or less; 120 days
25 to 27 points in a period of two years or less; 150 days
28 or more points in a period of two years or less; not less than
180 days
15 to 18 points in a period greater than two years; 30 days
19 to 22 points in a period greater than two years; 60 days
23 to 26 points in a period greater than two years; 90 days
27 to 30 points in a period greater than two years; 120 days
31 to 35 points in a period greater than two years; 150 days
36 or more points in a period greater than two years; not less than
180 days
12 to 14 points in a period greater than two years; 30 days
(b) For good cause shown, the Director may in his discretion permit a person
to attend a driver improvement
course of the Division of Motor Vehicles in total or partial satisfaction of
a period of suspension imposed
under (a) above. In exercising his discretion, the Director shall consider the
person's driving record prior
warnings or driver improvement school attendance maturity and any other aggravating
or mitigating factor.