New Jersey Motor Vehicle Violations and DUI
Seeing those lights flashing behind you is an all to common feeling of anxiety. Sometimes is leads to major consequences and can lead to a loss of your driving privileges.
Many people just assume that if I'm drunk I'm sunk. Do not assume that there is nothing that can be done to defend a DUI or a traffic ticket. A common reaction is: what can an attorney do for me? Seeing that the consultation is free why not inquire and find out. Your not the first person to make this mistake. In fact many others, including well known people, have gotten a DUI. The important thing is to keep your cool and get good legal representation. Here at the Riviere Law Firm, LLC we can advise you legally and formulate a defense to your DUI charge. The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test. The Breathalyzer tests in in New Jersey are not always correct and sometimes make mistakes just like human beings.
In fact the police administering the Breathalyzers also make mistakes. Call the firm today and we will investigate all possible mistakes that may have been made in processing your DUI charge. If our firm takes your case, it is because we believe we can improve your position. Our firm will examine all records that we obtain through discovery, carefully examining if there was proof of intoxication and whether the blood or breath test was accurate. If you refused the Breathalyzer, we will explain how that affects your driving record.
If you are experiencing a problem with your driving privileges due to a recent driving infraction to include DWI, speeding, etc., our firm can help you maintain those privileges; we can help restore those same privileges. I have included a schedule of the points that me be placed on your license below. Scroll down to see what your points consequences you may be facing.
Also, below you will find the consequences of these types of driving tickets. To include insurance surcharges and loss of your license. Call our firm today for a free consultation on how to avoid or minimize the consequences of traffic violations.
NJSA point schedule
NJSA
Section | Offense | Points |
|---|
|
| New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway |
| 27:23–29 | Moving against traffic | 2 |
| 27:23–29 | Improper passing | 4 |
| 27:23–29 | Unlawful use of median strip | 2 |
| All roads and highways |
| 39:3–20 | Operating constructor vehicle in excess of 45 mph | 3 |
| 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 |
| 39:4–36 | Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk | 2 |
| 39:4– 41 | Driving through safety zone | 2 |
| 39:4–52 | Racing on highway | 5 |
| 39:4–55 | Improper action or omission on grades and curves | 2 |
| 39:4–57 | Failure to observe direction of officer | 2 |
| 39:4–66 | Failure to stop vehicle before crossing sidewalk | 2 |
| 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 |
| 39:4–71 | Operating a motor vehicle on a sidewalk | 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 |
| 39:4–82.1 | Improper operating of vehicle on divided highway or divider | 2 |
| 39:4–83 | Failure to keep right at intersection | 2 |
| 39:4–84 | Failure to pass to right of vehicle proceeding in opposite direction | 5 |
| 39:4–85 | Improper passing on right or off roadway | 4 |
| 39:4–85.1 | Wrong way on a one-way street | 2 |
| 39:4–86 | Improper passing in no passing zone | 4 |
| 39:4–87 | Failure to yield to overtaking vehicle | 2 |
| 39:4–88 | Failure to observe traffic lanes | 2 |
| 39:4–89 | Tailgating | 5 |
| 39:4–90 | Failure to yield at intersection | 2 |
| 39:4–90.1 | Failure to use proper entrances to limited access highways | 2 |
| 39:4–91–92 | Failure to yield to emergency vehicles | 2 |
| 39:4–96 | Reckless driving | 5 |
| 39:4–97 | Careless driving | 2 |
| 39:4–97a | Destruction of agricultural or recreational property | 2 |
| 39:4–97.1 | Slow speed blocking traffic | 2 |
| 39:4–97.2 | Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction) | 4 |
| 39:4–98 | Exceeding maximum speed 1-14 mph over limit | 2 |
| | Exceeding maximum speed 15-29 mph over limit | 4 |
| Exceeding maximum speed 30 mph or more over limit | 5 |
| 39:4–105 | Failure to stop for traffic light | 2 |
| 39:4–115 | Improper turn at traffic light | 3 |
| 39:4–119 | Failure to stop at flashing red signal | 2 |
| 39:4–122 | Failure to stop for police whistle | 2 |
| 39:4–123 | Improper right or left turn | 3 |
| 39:4–124 | Improper turn from approved turning course | 3 |
| 39:4–125 | Improper u-turn | 3 |
| 39:4–126 | Failure to give proper signal | 2 |
| 39:4–127 | Improper backing or turning in street | 2 |
| 39:4–127.1 | Improper crossing of railroad grade crossing | 2 |
| 39:4–127.2 | Improper crossing of bridge | 2 |
| 39:4–128 | Improper crossing of railroad grade crossing by certain vehicles | 2 |
| 39:4–128.1 | Improper passing of school bus | 5 |
| 39:4–128.4 | Improper passing of frozen dessert truck | 4 |
| 39:4–129 | Leaving the scene of an accident –
no personal injury | 2 |
| Personal injury | 8 |
| 39:4–144 | Failure to observe stop or yield signs | 2 |
| 39:5C–1 | Racing on highway | 5 |
| 39:5D–4 | Moving violation committed out-of-state | 2 |
Surcharges
Why do you get surcharges?
Your record is reviewed every time points are added to it. If you accumulate six or more points within three years from your last posted violation, you will receive a $150 surcharge plus $25 for each additional point.
Additional surcharges may also apply:
- $100 for driving without a license
- $250 for driving with a suspended license
- $100 for failure to insure a moped
- $250 for operating an uninsured vehicle
- $1,000 for DUI, 3 years
- $1,000 for Refusal to take breathalyzer test, 3 years
If you do not pay your surcharges, MVC will suspend your driving privileges indefinitely and take action in the State Superior Court.
Possible reasons your license can be suspended
- If you receive 12 or more points on your current driver record
- Failure to appear in court or to pay fines
- Failure to pay surcharges
- Driving with a suspended license
- Failure to provide proof of insurance
- Physical or mental disqualification
- Drug or alcohol use while driving (DWI)
- Reckless driving
- Vehicle abandonment on a public highway
- Fault in a fatal accident
Driving While Intoxicated and/or Under the Influence
In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).
Being convicted of a DUI is a serious offense, carrying heavy penalties including:
- Fines, fees and surcharges
- Jail time
- Community service
Mandatory fines and penalties
| Alcohol or drug related DUI with BAC of 0.10% or greater |
|---|
|
License loss | Fines, fees & surcharges | Prison term | Community service requirement |
7 months–
1 year | $300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund | Up to 30 days | 12–48 hours IDRC* |
| Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10% |
|---|
|
License loss | Fines, fees & surcharges | Prison term | Community service requirement |
3 months | $250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund | Up to 30 days | 12–48 hours IDRC* |
| Repeated DUI convictions |
|---|
|
Offense | License loss | Fines, fees & surcharges | Prison term | Community service requirement |
2nd offense within 10 years | 2 years | $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund | 48 hours–
90 days | 30 days
and
12–48 hours IDRC* |
3rd offense within 10 years of 2nd offense | 10 years | $1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund | 180 days | Up to 90 days (can reduce period of imprisonment) and 12–48 hours IDRC* |
Related Offenses| Driving or riding with an open container |
|---|
|
| Offense | Fines | Community service |
| 1st | $200 | – |
| 2nd | $250 | 10 days |
| Driving with a DUI suspension |
|---|
|
| License loss | Fines or surcharges | Prison term |
Additional
1–2 years | $500 fine
$250/year (for 3 years) surcharge | 10–90 days |
| Driving while possessing drugs |
|---|
|
| License loss | Fines or surcharges |
| 2 years | Minimum $50 fine |
Notes: - *IDRC - Intoxicated Driver Resource Center
- *AERF - Alcohol Education and Rehabilitation Fund
- Underage drinking may cause a six-month delay in getting a license
- Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
Failure to pay DUI surcharges will result in
- Indefinite suspension of driving privileges
- Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action
For more information please see the link below:
http://www.state.nj.us/mvc/Violations/penalties.htm
Riviere Cresci & Singer LLC
222 Schanck Road
Suite 201
Freehold, NJ 07728
Phone 732.64.NJLAW (732.646.5529)
Fax 732.358.0238
Cell 732.995.4168
The following locations are by appointment only:
260 Madison Ave
New York, NY
116 Village Blvd
Princeton, NJ
2500 Plaza 5
Jersey City, NJ
197 RTE 18 South
East Brunswick, NJ