Traffic tickets in New Jersey: points, surcharges and your options

How the MVC point system works

When you are convicted of a moving violation, the court reports it to the New Jersey Motor Vehicle Commission, and the MVC adds points under its official schedule. Points are not added when you get the ticket. They are added only after a guilty plea or a guilty finding.

Some common values from the MVC schedule:

• Speeding: 2 points for 1 to 14 mph over the limit, 4 points for 15 to 29 over, and 5 points for 30 or more over.
• Careless driving: 2 points. Reckless driving: 5 points. Tailgating: 5 points.
• Failure to observe a traffic signal or a stop sign: 2 points. Red light camera violations carry 0 points.
• Improper passing of a school bus: 5 points.
• Leaving the scene of an accident: 2 points with no injury, 8 points with personal injury.
• A moving violation in another state: 2 points on your New Jersey record.

Surcharges: the cost after the fine

Surcharges are separate from the court fine and from anything your insurance company does. If you build up six or more points within three years of your last posted violation, the MVC bills a surcharge of $150, plus $25 for each point over six. That surcharge can be billed every year for three years.

Some offenses carry their own surcharge regardless of points. Driving with a suspended license and driving an uninsured vehicle are each $250 a year for three years, and an unlicensed or expired license is $100 a year for three years.

Ignoring a surcharge bill makes things worse. The MVC can suspend your license, file a judgment against you, and redirect state tax refunds to the debt. The MVC offers installment plans.

When points lead to a suspension

Under the MVC regulation, N.J.A.C. 13:19-10.2, a driver who reaches 12 or more points can have their license suspended. The length depends on how many points you have and how fast you got them. For example, 12 to 15 points within two years or less generally means a 30 day suspension, and the periods grow from there.

The MVC can offer a Driver Improvement Program instead of a 30 day suspension to some drivers who reach 12 to 14 points over more than two years. It costs a $75 MVC fee plus the provider's fee, and finishing it removes up to 3 points. New drivers in their probationary period face a separate Probationary Driver Program if they get two or more moving violations totaling four or more points.

How points come off your record

Points do not stay forever. Under N.J.S.A. 39:5-30.9, your total drops by 3 points for each 12 consecutive months with no violation that results in points or a suspension. Your total cannot go below zero.

You can also take an MVC approved defensive driving course. It removes 2 points, but only once every five years and only if you have points when you finish. Some insurers also give a discount for it, so it is worth asking your agent.

Your options in municipal court

Traffic tickets are heard in the municipal court where the ticket was written. For tickets that do not require a court appearance, you can usually pay online through NJMCdirect. Keep in mind that paying the fine is a guilty plea, and the conviction goes to the MVC.

You can also plead not guilty and ask for a trial, where the State has to prove the charge beyond a reasonable doubt. Or you, or a lawyer, can talk with the municipal prosecutor about a plea agreement. That might mean pleading to a different offense, getting other charges dismissed, or a recommendation on the sentence. The judge does not have to accept the deal.

One amended charge you will hear about is unsafe driving under N.J.S.A. 39:4-97.2. It carries no points for a first or second offense. A third offense within five years carries points. The fines rise with each offense, from $50 to $150 the first time up to $200 to $500 for a third. Whether a prosecutor offers any amendment depends on the facts and the court.

If you are found guilty and disagree, you can appeal to the Superior Court in your county, but you must file within 20 days.

Tickets with extra consequences

A few rules catch people by surprise. A handheld cell phone ticket under N.J.S.A. 39:4-97.3 carries 3 points, but under the MVC schedule the points apply only to a third offense within ten years of a second offense, and to later offenses after that.

If you completed a Driver Improvement Program or Probationary Driver Program, the MVC warns that any motor vehicle violation within one year of finishing the course results in a suspension. Skipping a scheduled class also leads to a suspension.

Surcharges can follow you too. If your license is suspended over unpaid surcharges, the MVC requires at least 5 percent of the outstanding balance plus a $100 restoration fee before your driving privilege is restored. Interest on any judgment keeps building until the debt is paid.

When you can get a public defender

Most routine tickets do not come with a right to a free lawyer. According to the New Jersey State Bar Foundation, a municipal public defender is available only when the charge could bring jail, loss of your license or fines of $750 or more, and you qualify financially. There can be an application fee of up to $200, which the judge can reduce or waive.

Charges like driving while suspended, leaving the scene or reckless driving can carry license consequences, so those are the tickets where people most often look for counsel.