Abiding by New Jersey's traffic laws plays a crucial role in maintaining road safety and preventing accidents. Following these regulations creates a safer driving environment, reduces the risk of collisions, and alleviates pressure on emergency services and healthcare facilities.
By adhering to traffic laws, drivers help enhance the overall safety and well-being of the state, contributing to a secure and harmonious community for everyone. Traffic offenses in New Jersey carry significant repercussions. Violations can lead to the suspension of driving privileges, which severely impacts daily mobility.
Recorded traffic offenses may also hinder job prospects requiring a clean driving record. Additionally, violations result in increased insurance premiums, as insurers classify offenders as high-risk, leading to higher coverage costs.
Multiple agencies in New Jersey collaborate to uphold traffic laws and maintain safety on state roads. The New Jersey Motor Vehicle Commission (NJ MVC) administers driver licensing and vehicle registration, maintains driving records, and implements penalties for violations.
Meanwhile, the New Jersey State Police (NJSP) enforce traffic laws on state highways and assist in traffic accident investigations. Local and municipal courts adjudicate traffic offenses so violators face appropriate penalties.
What Are the Major Traffic Violations in New Jersey?
New Jersey traffic violations include criminal and civil offenses against state Motor Vehicle Laws enforced by state and local law enforcement, Municipal Courts, and the NJ MVC.
Offenses are classified as misdemeanors, felonies, or infractions. Misdemeanors and felonies generally need court appearances, while infractions are payable without mandatory appearances or jail time.
Moreover, violations can be moving or non-moving. Moving violations impact driving records and may add points to a driver's license. In contrast, non-moving violations usually result in fines without affecting driving records.
Driving Without a License or While Suspended
Driving without a license or while suspended is a serious offense in New Jersey. Motorists must have a valid driver's license while driving. Under New Jersey Statutes Annotated (NJSA) Section 39:3-40, operating a vehicle with a suspended, refused, or revoked license can result in incarceration, monetary penalties, and an extended license suspension.
Drivers must present a valid license if requested by law enforcement. Failure to do so results in a $150 fine, though the judge may dismiss the case if a valid license is presented in court, though court costs may still apply.
Non-resident drivers with valid licenses from their home state can drive in New Jersey without a New Jersey license, subject to age restrictions. Exemptions apply to those operating farm machinery, fire trucks, and military vehicles.
Driving with a suspended or revoked license leads to increasing penalties. A first offense incurs a $500 fine. A second offense results in a $750 fine and 1 to 5 days in jail. A third or subsequent offense carries a $1,000 fine and ten days in jail.
Suspensions due to driving while intoxicated (DWI) result in severe penalties, including additional fines, extended suspensions, and possible vehicle registration revocation. Repeat offenders face fourth-degree charges, leading to 180 days to 18 months in jail and fines up to $10,000.
Speeding
New Jersey enforces both prima facie speed limits and a basic speed law to ensure road safety. According to NJSA Section 39:4-98, the basic speed law mandates motorists to drive at a reduced speed when encountering hazards such as curves, hillcrests, adverse weather, heavy traffic, or the presence of pedestrians.
It prohibits driving at unsafe speeds, regardless of the posted limits. Meanwhile, the prima facie speed limits, which are default limits considered safe under normal conditions, include:
- 25 mph in school zones
- 25 or 35 mph on specific segments of Route 130 in Burlington City
- 25 mph in residential and commercial areas
- 35 mph in suburban business and residential districts
- 55 mph in locations not designated as 65-mph zones
Exceeding these prima facie limits can be contested if the driver proves the speed was safe under the conditions.
Penalties for speeding violations range from $50 to $200 in fines and up to 15 days in jail, though imprisonment is rare. The law requires fines to double for driving 20 mph over the limit or 10 mph over a 65-mph zone and triple for violations on specific parts of Route 130.
The NJ MVC assigns two to five demerit points based on the severity of the violation. In severe cases, speeding can result in reckless driving charges, and if it causes a fatality, vehicular homicide charges may follow. Successfully contesting a speeding ticket can avoid these penalties.
Reckless and Careless Driving
Reckless and careless driving are serious offenses in New Jersey. Reckless driving, under NJSA Section 39:4-96, involves operating a vehicle with willful disregard for safety, and endangering others or property.
Penalties for a first offense include up to 60 days in jail and fines between $50 and $200. Repeat offenders may face up to three months in jail and fines ranging from $100 to $500, along with five demerit points on their driving record.
Careless driving, considered a lesser offense, involves driving without due caution and endangering others. This offense carries penalties of up to 15 days in jail and fines between $50 and $200, adding two points to the driver's record.
Assault by auto, resulting from injuring someone while driving recklessly, ranges from a disorderly person's offense, with up to six months in jail and $500 in fines, to a fourth-degree crime, carrying up to 18 months in jail and $10,000 in fines.
Additionally, New Jersey generally prohibits plea bargaining in driving under the influence (DUI) cases, preventing reductions to reckless driving charges.
Driving While Intoxicated
In New Jersey, driving while intoxicated (DWI) or DUI carries serious penalties. Under NJSA 39:4-50, it is illegal to drive with a blood alcohol content (BAC) of .08% or higher or while impaired by intoxicants. Vehicle owners can also be penalized for allowing an intoxicated person to drive.
First-time offenders face up to 30 days in jail, fines of $250 to $400, participation in the Intoxicated Driving Program (IDP), and a three-month license revocation. If the BAC is .10% or higher, fines increase to $300-$500, and the revocation period is 7 to 12 months.
A second offense results in 48 to 90 days in jail, $500 to $1,000 in fines, IDP completion, a one- to two-year license revocation, and 30 days of community service. Third-time offenders face 180 days in jail, a $1,000 fine, IDP completion, an eight-year license revocation, and up to 90 days of community service, which can count towards jail time.
During the arrest, officers may impound the vehicle for 12 hours and request a breathalyzer test. Refusing the test can lead to license revocation. Underage drivers with a BAC of .01% or more face license revocation, community service, and IDP participation.
Illegal Racing
In New Jersey, illegal racing on highways is a significant offense under NJSA Section 39:4-52. This law prohibits driving for a wager, racing, or attempting to set speed records on public roads. Organizing, managing, or assisting in such activities is also deemed a disorderly person's offense.
For a first offense, fines range from $27 to $102. Repeat offenders face fines between $102 and $202. Courts typically impose a 30-day license suspension, but judges can limit this to two years based on the circumstances.
Convictions for racing also add five points to a driver's record, impacting their driving privileges and insurance rates. The court's primary consideration is whether the racing was willful, which influences the severity of the penalties imposed.
How Does New Jersey MVC's Point System Work?
In New Jersey, points are added to a motorist's driving record upon conviction of moving violations, leading to surcharges, higher insurance premiums, and potential loss of driving privileges.
Minor violations, such as overstaying at a parking meter, result in fines without points, while more serious offenses like reckless driving accrue points.
For severe violations, such as DUI or leaving the scene of an accident involving injury, the state imposes automatic license suspensions and criminal charges, bypassing the point system entirely.
When determining license suspensions for current offenses, courts consider points accumulated over one to three years. Although points do not expire, accumulating many points in a short period has a greater impact. This system targets mid-level offenses with points while addressing severe violations with immediate penalties.
Individuals can refer to the NJ MVC's Points Schedule for a complete list of traffic offenses and their corresponding points.
Consequences of Accumulating Points Under New Jersey's Point System
In New Jersey, accumulating points on a driving record can lead to severe consequences. Drivers who collect six points within three years must pay a $150 surcharge to the NJ MVC, with an additional $25 per point beyond six.
Points can be reduced by maintaining a clean record for a year or completing court-ordered driving safety courses. However, reaching 12 points within three years results in license suspension, bringing additional transportation costs and a reinstatement fee. Moreover, severe offenses like DUI automatically lead to license suspension.
Points affect more than just NJ MVC records. They also appear on background checks, which potentially impact employment opportunities, particularly in driving-related jobs. Moreover, insurance premiums also rise significantly with points, and it takes an extended period of citation-free driving to lower them.
Ways to Deduct Points from a New Jersey Driving Record
In New Jersey, motorists can reduce points on their driving records through several methods. Maintaining a clean driving record for a certain number of months results in an automatic point deduction by the NJ MVC.
Additionally, completing driver education programs, such as defensive driving courses or driver improvement programs, can lower points, enhance driving history, and potentially reduce insurance premiums.
Automatic Point Reduction
If drivers avoid violations or suspensions for 12 consecutive months, the NJ MVC automatically deducts three points from their driving records.
MVC Driver Improvement Program
Completing the NJ MVC Driver Improvement Program removes three points. Available every two years, this program assists drivers with 12 to 14 points accumulated over more than two years to avoid suspension. The court can also mandate it for license reinstatement.
Defensive Driving Program
A voluntary Defensive Driving Program deducts two points from a driving record. Available every five years, this program enhances driving skills and promotes safer driving. Enrollment information is available on the NJ MVC website.
Probationary Driver Program
Probationary drivers with four or more points from two or more offenses must complete the Probationary Driver Program to remove three points. Failure to complete this program results in license suspension.
What Is the Process for Handling Traffic Tickets in New Jersey?
When a New Jersey law enforcement officer observes a traffic law violation, they issue a ticket or citation detailing the violation, driver, and vehicle.
For severe offenses, the officer might also arrest the offender. Recipients of traffic tickets in New Jersey can either contest the ticket in court or admit guilt and pay the associated fines and sanctions.
Paying the Fine
Motorists in New Jersey who receive a traffic ticket can either contest it or pay the fine. Opting to pay the fine is considered an admission of guilt, which may result in points added to the driver's record for moving violations.
Traffic offenders can pay tickets in person at Municipal Courts or use online services provided by the courts. Payment instructions are typically found on the back of the ticket. Payments must be made before the specified date, and installment plans are available for those unable to pay in full.
Additionally, the New Jersey Judiciary provides NJMCDirect, a centralized online platform that streamlines the payment process. This system allows drivers to settle fines conveniently without visiting the court in person.
To use NJMCDirect, drivers must provide their license number, court ID/name, ticket prefix, and ticket number. The platform also allows users to search for ticket information. Payments can be made using a credit or debit card, with a 3% transaction fee applied to each payment.
Contesting the Ticket
With proper preparation, contesting a traffic ticket in New Jersey can be beneficial. Successfully challenging a ticket can prevent fines, higher insurance premiums, and surcharges. However, if the challenge fails, the original fine remains unchanged.
The decision to contest a ticket depends on the driver's confidence in their defense and specific circumstances. With thorough preparation and understanding of legal options, challenging a traffic ticket can be a strategic choice to mitigate long-term consequences.
Traffic offenders must respond within 30 days or by the date on the ticket. To contest, drivers enter a not-guilty plea at arraignment, leading to a hearing. They can represent themselves or hire an attorney. Legal expertise is often advantageous, but knowledgeable drivers who present their case well, supported by witnesses, also have a chance of success.
Out-of-state drivers can avoid court appearances by having an attorney submit an affidavit of hardship, which allows the attorney to act on their behalf. Conversely, resident drivers must appear in person. Plea bargains are also an alternative resolution before the hearing, leading to reduced penalties such as probation or community service but not exoneration.
How Are Accident Reports Handled in New Jersey?
In New Jersey, drivers must report accidents involving injury, death, or over $500 in property damage, as required by NJSA Section 39:4-130. If police respond to the scene, they will complete a report, eliminating the need for the driver to file one with the NJ MVC.
Police reports include driver statements, license and insurance details, witness accounts, and observations on weather, road conditions, and other factors. They also feature diagrams of the crash and record vehicle positions and damage.
If police do not attend and the accident only involves property damage, drivers must file a report with the NJ MVC within ten days.
The New Jersey Motor Vehicle Accident Report (Form SR-1) must be completed by the driver, vehicle owner, insurance agent, or legal representative. This report must include details on the accident's cause, conditions, involved parties and vehicles, and insurance information.
Accessing New Jersey Accident Reports
Accessing New Jersey accident reports involves a streamlined online process that caters to various types of crash incidents. Through a dedicated online portal, individuals seeking information can request reports for non-toll crashes, Garden State Parkway incidents, New Jersey Turnpike accidents, and boat-related accidents.
The system allows users to download basic Crash Investigation Reports (NJTR-1) once they are approved and ready. When a Roadways Crash Report is available, requestors receive an email with download instructions. However, boat crash reports and records for serious or fatal crashes may take up to a month to deliver.
After this period has elapsed, users are advised to contact the NJSP office at 609.882-2000, extension. 2234. Note that crash reports have a six-year retention period, limiting their availability.
Reports on Atlantic City Expressway accidents can be obtained by sending a written request to the Atlantic City Expressway Authority at P.O. Box 389, Hammonton, NJ 08037. For more information on the Atlantic City Expressway reports, call (609) 965-7200, extension 108.
The cost for New Jersey accident reports varies depending on the type of incident, ranging from $5 for toll road crash reports to $20 for serious or fatal investigation reports. Payment can be made using major credit or debit cards.
What Should Drivers Know about Traffic-Related Arrests in New Jersey?
In New Jersey, traffic-related arrests frequently result from severe violations such as reckless driving, DUI, and driving with a suspended license. Other common offenses leading to arrests include driving without liability insurance, careless driving, speeding, and improper passing.
When a driver is pulled over, they must provide their driver's license and identification but are not required to answer all questions. Knowing one's rights is crucial to avoid self-incrimination, and drivers should ask if they are under arrest.
If officers suspect involvement in a crime, they may detain the driver after verifying their information. Upon arrest, individuals must be informed of their Miranda rights, which include the right to remain silent and the right to request an attorney.
Additionally, cooperation with officers is essential to avoid additional charges, such as resisting arrest. To protect their rights, drivers should refrain from making statements without legal counsel present.
Key Steps and Resources Post-Arrest for Traffic Violations in New Jersey
After an arrest for a traffic violation in New Jersey, drivers should avoid discussing their case with the police. Any statements made can be used against them, so it is advisable to stay silent.
Motorists should also pay close attention to details of their arrest, including officers' actions and statements, as this information is crucial for their defense.
Additionally, contacting an experienced criminal defense attorney immediately is vital. An attorney can secure release, advise on legal rights, and guide the next steps. Legal counsel significantly improves defense outcomes.
New Jersey offers resources for those arrested for traffic offenses. These include the lawyer referral services and public defenders offered by the New Jersey State Bar Association for those unable to afford private counsel.
Legal aid organizations and online resources also provide valuable information and support to help individuals effectively navigate the complexities of the legal system.