J Moore Law LLC: A New Jersey Traffic Ticket Lawyer

 

The majority of people will receive a traffic ticket at some point in their lives. We spend a significant portion of our days on the road, so mistakes or accidents are unavoidable. These tickets are sometimes issued for minor infractions, such as failing to use a turn signal.

 

But New Jersey traffic tickets can have serious consequences. Consequences such as increased car insurance, points, and expensive fines. Drivers with 12 or more points on their license in New Jersey may have their license suspended. A driver’s license can even be revoked in some cases.

 

It is critical to protect oneself by retaining the services of a NJ Traffic Ticket Lawyer to handle these matters. Someone who has the knowledge and skills to have the ticket dismissed or reduced and can guide you towards the best outcome for your particular case. At J Moore Law LLC we will work tirelessly to help you avoid points, heavy fines and other punishments associated with traffic tickets.

 

WHAT ARE POINTS?

 

The Motor Vehicle Commission will add points to your driving record for each ticket you receive. Different New Jersey traffic violations carry different point values, with more points reserved for more serious offenses. The more points you have on your driving record, the harsher the penalties will be. If you receive 6 or more points within three years, the NJ MVC will levy a $150 surcharge on top of the point costs.

 

 

A FEW COMMON TRAFFIC VIOLATIONS AND POINTS

 

N.J.S.A. 39:4-129	Leaving an accident scene (injury)	8 points
N.J.S.A. 39:4-96	Reckless Driving	5 points
N.J.S.A. 39:4-98	Speeding 30 mph over limit	5 points
N.J.S.A. 39:4-89	Tailgating	5 points
N.J.S.A. 39:4-52	Racing on highway	5 points
N.J.S.A. 39:4-128	Inadequate passing of a school bus	5 points
N.J.S.A. 27:23-29	Improper passing	4 points
N.J.S.A. 39:4-96	Improper passing on right or off roadway	4 points
N.J.S.A. 39:4-86	Improper passing in no passing zone	4 points
N.J.S.A. 39:4-96	Speeding 15-29 mph over limit	4 points
N.J.S.A. 39:4-128.4	Improper passing of frozen dessert truck	4 points
N.J.S.A. 39:4-123	Improper right or left turn	3 points
N.J.S.A. 39:4-125	Improper u-turn	3 points
N.J.S.A. 39:4-115	Improper turn at traffic light	3 points
N.J.S.A. 39:4-105	Failure to stop for traffic light	2 points
N.J.S.A. 39:4-127	Improper backing or turning in street	2 points
N.J.S.A. 39:4-144	Failure to observe stop or yield signs	2 points
N.J.S.A. 39:5D-4	Moving violation committed out-of-state	2 points

 

Speeding

You won’t be surprised to learn that speeding is one of the most common New Jersey traffic violations. Almost everyone who has driven a car has gone over the speed limit at some point. Speed traps and strict speeding laws are common in New Jersey. If you’ve been charged with speeding, you should consult with a New Jersey Traffic Ticket Lawyer.

 

Tailgating

Tailgating occurs when one driver drives too close to the vehicle in front of his or her own. Tired drivers will sometimes tailgate without realizing it. Other times, drivers tailgate out of rage because they believe the person in front of them is driving too slowly. Tailgating endangers both drivers and passengers, so keep several feet between yourself and the car in front of you. Depending on the circumstances, a tailgating charge can exist on its own or as part of a reckless driving charge.

 

Reckless vs Careless Driving

Reckless driving and careless driving are often confused for the same offense, although there are key differences. Both involve risky driving that could result in injury or property damage. Careless driving, on the other hand, occurs when a driver does not use proper due caution while driving and does not necessarily realize their behavior is a hazard. Reckless driving, on the other hand, is similar to careless driving but the driver intentionally drives dangerously. Reckless driving is more serious because the reckless driver is aware that their driving is dangerous and chooses to continue. If you are convicted of careless driving, you will have 2 points added to your New Jersey driver’s license, where reckless driving will add 5 points to your driver’s license. The first time a driver is convicted of careless driving can include a fine from $85 to $140.

 

 

REPEAT OFFENDERS

In some cases, only repeat violations may result in a point deduction. For example, if you are convicted for the third time of violating New Jersey’s ban on using a hand-held cell phone while driving (N.J.S.A. 39:4-97.3), and it has been less than 10 years since your previous conviction, you will be assessed 3 points.

 

Additionally, driving in an unsafe manner (N.J.S.A. 39:4-97.2) is a typical plea-bargaining offense used to avoid points on more serious charges. But if you utilize it three times within five years you will be assessed 4 points.

 

 

 

HOW DO POINTS AFFECT YOU?

 

When you receive a speeding ticket or another type of traffic citation in New Jersey, you should be concerned about three major issues:

 

• Your driving history
• Your auto insurance premiums
• Fines, court costs, surcharges, and prison time are all possibilities.

 

All of these issues will be taken into account by an effective strategy for dealing with your traffic ticket. Let’s take a closer look at each of these issues.

 

DRIVING HISTORY AND POINTS

 

For traffic violations, New Jersey has a harsh point system. Most traffic violations are worth 2 points, but some can be worth up to 8. As previously stated, accumulating 6 points within three years entails paying a surcharge that grows in proportion to the number of points accumulated.

 

Furthermore, accruing 12 or more points in less than two years can result in the suspension of driving privileges, even for out-of-state drivers. The exact timeframe and number of points determine the length of the suspension.

 

• 30 days: 12 to 15 points
• 60 days: 16 to 18 points
• 90 days: 19 to 21 points
• 120 days: 22 to 24 points
• 150 days: 25 to 27 points
• 28 or more points: 180 days or more

 

REDUCTION OF POINTS

The good news is that each year one goes without being convicted of a new traffic violation, 3 points will be removed from one’s NJ driving record.

 

In addition, taking a Motor Vehicle Commission-approved defensive driving course can result in the removal of 2 points from one’s license (this can only be done once every five years).

 

The 2-point defensive driving course can also help you save money on your NJ car insurance. According to the NJ mandatory law, drivers who complete the 6-hour NJ defensive driving course are eligible for a 10% discount on their car insurance for three years. Contact your NJ auto insurance agent to find out what percentage discount you qualify for.

 

INCREASED INSURANCE RATES

 

Receiving traffic tickets may also have a negative impact on your insurance premium. Automobile insurance providers in New Jersey use a similar but separate system of “insurance eligibility points.” The insurance points for most moving violations are the same as the MVC points, but the insurance points for some more serious violations are higher.

 

Insurance points earned within the last three years are used to calculate the premium for liability coverage. If you accumulate too many points, you may be unable to obtain insurance on the voluntary market, forcing you to obtain coverage through the New Jersey Personal Automobile Insurance Plan (NJAIP) at a higher cost.

 

Additionally, while every insured should check their own insurance company’s policy on raising premiums for point accumulation, most insurance companies typically raise their premiums by $100 to $200 per year for three years for each point accumulated on a driver’s license record. For example, if a person is convicted of or pleads guilty to a 4-point speeding ticket, he or she can expect an increase in insurance of $1,200.00 to $2,400.00 over the next three years.

FINES AND SURCHARGES

 

If you are convicted of a traffic violation in New Jersey, you will face a fine. A list of those fines can be found at the New Jersey Municipal Courts. The more serious the offense, the higher the fine.  The higher the fine, the more serious the offense. For example, if you are convicted of exceeding the posted speed limit by 1-9 mph, you face a $85 fine. If you are convicted of exceeding the speed limit by 35-39 mph, the fine is $260. Your fine will be doubled if you are convicted of speeding or any other moving violation in a highway construction zone, designated safe corridor, or zone with a 65-mph speed limit. Police officers in New Jersey frequently charge drivers with multiple traffic violations during a single stop. For example, you could be fined for both speeding and reckless driving. If this occurs, the total amount of fines imposed could be substantial.

 

Surcharges – If convicted of certain violations, you may face a surcharge. The surcharge must be paid every year for three years. The following are examples of such violations.

 

 

VIOLATION	SURCHARGE
Driving without a permit	$100/yr  ($300 total)
Failure to insure a moped	$100/yr  ($300 total)
Driving while your license is suspended	$250/yr  ($750 total)
Driving without a liability insurance policy	$250/yr  ($750 total)
First and Second DWI	$1000/yr  ($3000 total)
DWI blood alcohol test refusal	$1000/yr  ($3000 total)
3rd DWI (within three years of last offense)	$1500/yr  ($4500 total)

 

Furthermore, if you receive 6 or more points on your driving record within three years, you will be assessed a $150 surcharge plus $25 for each additional point on your record.

 

Finally, you may face incarceration for certain types of traffic violations. For example, if you are convicted for the second time of driving while your license is suspended, you could face up to five days in jail. A third offense would result in a minimum of ten days in jail.

 

Can a New Jersey Traffic Ticket Lawyer help with your case?

 

Yes. Anyone who receives a traffic citation should seek legal counsel. Most attorneys that handle traffic ticket defense will provide free consultations so in contacting one you have nothing to lose and everything to gain.

 

If you get a traffic ticket in New Jersey, look at the bottom of the ticket and see if the “court appearance required” box is checked. If this is the case, make a note of the court date and time and then reach out to a New Jersey Traffic Ticket Lawyer. Don’t wait until the day before your court date.

 

Additionally, make sure you appear in court on your scheduled date. If not, a warrant for your arrest and suspension of your driving privileges may be issued. When your case is reviewed options may include:

 

 

Dispute your ticket

It may be possible to call the prosecution’s evidence into question. For example, the radar gun used to record your speed could have been defective or out of service, or surveillance camera footage could call into question an officer’s claim that you ran a red light.

 

It is even possible for a traffic ticket to be dismissed. It may be dismissed if there is sufficient exculpatory evidence or if the traffic stop is deemed unconstitutional. Depending on the case, this may be easy, difficult or impossible.

 

Remember all NJ traffic tickets remain on your MVC driving record permanently, even if the points have long since gone away. Because of this it is critical to fight your ticket any and every way you can.  There is no way to remove a conviction from the record without filing an appeal and having the conviction vacated. This is why it’s important to consult a New Jersey Traffic Ticket Lawyer before making a decision on how to proceed.

 

 

Plea bargaining

Plea bargaining is permitted in New Jersey Municipal Courts for all offenses except DWI and drug cases. In many cases, a municipal court prosecutor will reduce a 2-point speeding ticket to a 0-point ticket (NJSA 39:4-97.2 – Unsafe Driving) without the need for counsel. This assumes there are no unusual circumstances surrounding the speeding ticket you received (no accident, no injuries, no problematic conversations between you and the police officer who issued the ticket, and you have a good to fair driving record).

 

The New Jersey Legislature acknowledged that even experienced drivers make mistakes. They made provision for these errors by enacting legislation, specifically NJSA 39:4-97.2 Unsafe Driving. There are no points associated with that statute, but it can only be used twice in a five-year period. If you plead guilty to NJSA 39:4-97.2 Unsafe Driving for the third time within five years, the DMV will dock you 4 points.

 

Unlike a 2-point speeding ticket, a 4- or 5-point speeding ticket is rarely reduced to the 0 point statute-Unsafe Driving unless you have an attorney representing you. The reason is straightforward. Regardless of the method used to track your speed, your attorney is very capable of trying a speeding ticket case (i.e., radar, pace, etc.). Your attorney can cross-examine the officer and point out flaws in the State’s case. You cannot do it alone. When faced with a trial and many cases, the prosecutor may be tempted to reduce the speeding ticket to unsafe driving.

 

Prior traffic violations and points already on your license may also affect your ability to negotiate a plea deal. Under these circumstances, your lawyer can explore alternative options with the prosecutor. Of course, if all else fails, your attorney can take your case to trial.

 

 

Why Shouldn’t Drivers Represent Their Own Interests?

Many drivers believe they can defend themselves against a “simple” traffic ticket. Unfortunately, as with many seemingly simple things, there is more complexity than meets the eye. During any given court session, the prosecutor will undoubtedly be handling dozens of similar cases and can rarely afford to give each case much time and attention. That means the driver has only a few minutes to make their case. He/she will have a much more difficult time matching wits with the prosecutor unless he/she is fluent in NJ traffic ticket law. Some people believe that having a trial and either praying for the police officer not to show up (which rarely results in a dismissal and requires 2-3 court appearances) or offering an excuse or explanation for what they did will help. The simple fact is that it will not. Most traffic violations are strict liability offenses, which means that the defendant will be found guilty regardless of intent if the prosecutor can prove that the offense occurred.

Get Help From a New Jersey Traffic Ticket Lawyer Today!

Are you facing legal issues because of a traffic ticket or multiple moving violations? If you are worried and unsure what to do next J Moore Law LLC is here to help.

 

We will thoroughly review and analyze your case before recommending the best strategy for you. For example, if you have prior traffic violation convictions, it may be critical for you to avoid another conviction, which could result in a surcharge or suspension of your driver’s license. To do so, you may need to enter a guilty plea to a non-moving violation. Although the non-moving violation may carry a higher fine than the moving violation, going this route may be in your best interests in the long run because it keeps points off your record. Call J Moore Law LLC or fill out our online contact form to get in touch with an experienced New Jersey Traffic Ticket Lawyer.

 

HOW J MOORE LAW LLC CAN HELP YOU IN OTHER CASES

J Moore LLC provides free consultation on various legal issues like

• DUI
• Domestic Violence
• Assault
• Gun Charges
• Drug Crimes
• Traffic Ticket

And many others.

We practice locally in areas like:

• Camden
• Collingswood
• Cherry Hill
• Gloucester Township
• Winslow
• Pennsauken
• Voorhees
• Lindenwold
• Haddon Township
• Gloucester County
• Burlington County

And all other locations throughout New Jersey!