Motor Vehicle Violations

The following information will hopefully answer some of the more frequently asked questions concerning moving violations and the point system in the State of New Jersey.

What are Motor Vehicle Points?

The Division of Motor Vehicles imposes points to your driving record when you are convicted of a moving violation. The more serious the violation, the more points you are assessed. These points are completely separate from the insurance eligibility points used by the NJ Department of Insurance to assess surcharges on insurance payments
Will I receive a notice telling me how many points I have?

During the first two years that you are licensed, you're on probation and will receive an advisory notice when you commit your first point violation. If you receive two or more violations totaling four or more points, you must complete the Probationary Driver Program.
After that, DMV will send advisory notices whenever point assessed violations are added to your driving record and the point total is 6 to 11.
At what point will DMV take action to suspend my license?

For a total of 12 or more points on your driving record, DMV will issue a notice of scheduled suspension of your driving privilege.
How can points be removed from my current driving status?

Up to three points will be subtracted from your point total for every year of safe driving (no violations or suspensions). Your point total however, will never be reduced below zero. Up to two points may be subtracted after completing a DMV approved defensive driving course.

None of these reductions apply to insurance
surcharge point totals

Insurance Surcharge - Point Violations

Motorists who incur six or more motor vehicle points are also subject to an insurance surcharge of $100 for six points and $25 for each additional point. The point surcharge will remain in effect as long as a motorist has six or more points on his record for the immediate past three year period. DMV will suspend all driver privileges indefinitely and take judgment action if the surcharge is not paid.

The following are just a few of the violations and the insurance surcharges imposed:

Driving While Unlicensed	$100
Driving While Suspended	$250
Failing to Insure Moped	$100
Operating an Uninsured Vehicle	$25

Motor Vehicle Offense and Point Schedule

N.J. Statute	Offense	Points

39:3-38.1	Keep or exhibit forged, altered or counterfeited insurance card or license	2
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
39:4-52	Racing on highway	5
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
39:4-80	Failure to obey direction of officer	2
39:4-81	Failure to observe traffic signals	2
39:4-82	Failure to keep right	2
39:4-85	Improper passing on right or off the roadway	4
39:4-86	Improper passing in a no passing zone	4
39:4-88b	Failure to maintain lane / Unsafe lane change	2
39:4-89	Tailgating (following to closely)	5
39:4-90	Failure to yield at intersection	2
39:4-91	Failure to yield to emergency vehicle	2
39:4-96	Reckless driving	5
39:4-97	Careless driving	2
39:4-97.1	Driving slow as to impede the flow of traffic	2
39:4-98	Speeding (1-14 mph over limit)	2
*	(15-29 mph over limit)	4
*	(30 mph over limit)	5
39:4-115a	Improper turn at traffic signal	3
39:4-115b	Failure to stop prior to making right on red	3
39:4-119a	Failure to stop at flashing red signal	2
39:4-119b	Failure to proceed with caution at flashing amber signal	2
39:4-123	Improper right or left turn	3
39:4-125	Improper U-turn	3
39:4-126	Failure to give proper signal for turn or other movement	2
39:4-127	Improper turning or backing in street	2
39:4-128.1	Improper passing of school bus	5
39:4-129	Leaving the scene of an accident (Personal injury)	8
*	(No personal injury)	2
39:4-144	Failure to observe stop or yield sign	2

Driving Under the Influence

Next time you decide to get behind the wheel of your vehicle after a fun night out, consider the consequences before you see those flashing red lights in your rear view mirror!

First Offense B.A.C. level .08% or higher, but less than .10%	*First Offense* *B.A.C. level .10% or higher*
Loss of license for 3 months	Loss of license for 7 months to 1 year
Fine: $250 - $400 IDRC Fee: $75 per day Drunk Driving Fund:$100 AERF: $100 Safe Neighborhood Fund: $75	Fine: $300 - $500 IDRC Fee: $75 per day Drunk Driving Fund:$100 AERF: $100 Safe Neighborhood Fund: $75
Resource Center 12 - 48 hours	Resource Center 12 - 48 hours
Jail up to 30 days	Jail up to 30 days

For those of you who didn't learn the first time around, you can view
the second & third offense penalties at the following:

www.state.nj.us/mvc

Because alcohol affects your ability to think clearly, you decided that you were fine to drive home. While on the way, your thinking what a fine driver you are even after a few drinks, but the officer behind you is thinking otherwise. Before you know it, your under arrest for DWI, your car has been impounded, and your at the police station ready to blow into the breathalyzer machine. The alcohol has now made you into a genius, and you decide that your going to beat this mechanical device by pretending to blow into it or to give a real quick breath. To you this may have sounded like good idea, but to the officer it just meant charging you with an additional offense of Refusing to Submit to Breathalyzer Test.

Refusing to Submit to Breath Test

First Offense

Loss of license for 7 months to 1 year

Fine $300 - $500

Resource Center 12 hours minimum

Again, for those of you who didn't learn from your first mistake, you can view
the second & third offense penalties at the link from above

Insurance Surcharge

In addition to the court imposed fines and penalties, anyone convicted of DUI or refusal to submit to chemical test are subject to the following:

An insurance surcharge of $1,000 a year for three years ($3,000)
for the first and second conviction within a three year period.
An insurance surcharge of $1,500 a year for three years
($4,500) for a third offense within a three year period.
A single $100 DUI enforcement surcharge that must be
paid to the court with the required fine upon conviction.

New Jersey does not have conditional or special work licenses.
If you do not have a valid license, or your privilege is suspended
for drunk driving or any other violation, you cannot drive for any reason until your license is restored.