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Points and Collateral Consequences in New Jersey
What are DMV points following motor vehicle violations? How do they affect you? Pursuant to State Regulations, the New Jersey Division of Motor Vehicles (DMV) tracks your driving by adding points to your record when you are convicted of a moving violation(s). The more serious the violation, the more points you are assessed. Why does this matter? Well, the accumulation of DMV points on your drivers’ license can result in surcharges and driver license suspensions.
Additionally, in the State of New Jersey there are what we call insurance eligibility points. These points are used by the NJ State Department of Insurance to assess surcharges on your insurance payments. Although they are separate from DMV points, in many instances, insurance points are assessed at the same rate as found under the NJSA Point Scale (See Below).
Your insurance company will use these points to charge you an extra surcharge on top of any DMV surcharges. In-fact, your insurance company can seek approval to charge you several hundreds of dollars more or even cancel your policy! Therefore, it is imperative to plead not guilty to any municipal court vehicle violations and have your attorney review your case for the best possible outcome.
Reproduced below is a list of points assessed by the Division of Motor Vehicles for motor vehicle offenses in New Jersey. Also reproduced, is a schedule of surcharges and license suspensions that applies to offenses
in NJ.
N.J.A.C. 13:19-10.1 Point Assessment
Any Person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:
| NJSA POINT SCALE |
| New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway |
| NJSA Section | Offense | Points |
| 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 | | |
| NJSA Section | Offense | Points |
| 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; | 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 assessed for the third or subsequent violation(s) within a five-year period.) | 4 |
| 39:4-98 | Exceeding maximum speed 1-14 mph over limit | 2 |
| 39:4-99 | Exceeding maximum speed 15-29 mph over limit Exceeding maximum speed 30 mph or more over limit | 4 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 Personal injury | 2 8 |
| 39:4-144 | Failure to observe stop or yield signs | 2 |
| 39:5C-1 | Racing on highway | 5 |
| 39:5D-4 | Moving violation out of state | 2 |
Collateral Consequences: Period of Suspension
One of the collateral consequences associated with motor vehicle offenses in the state of New Jersey is loss of license. Pursuant to N.J.A.C. 13:19-10.2 Point Accumulation; Period of Suspension
(a) The Director shall, except for good cause, suspend a person’s license to operate a motor vehicle in accordance with the following schedule:
| Points Accumulated | Period of Suspension |
| 12 to 15 Points in a period of two years of less | 30 Days |
| 16 to 18 Points in a period of two years or less | 60 Days |
| 19 to 21 Points in a period of two years or less | 90 Days |
| 22 to 24 Points in a period of two years or less | 120 Days |
| 25 to 27 Points in a period of two years or less | 150 Days |
| 28 or more points in a period of two years or less | Not less than 180 Days |
| 12 to 14 Points in a period greater than two years | 30 Days |
| 15 to 18 Points in a period greater than two years | 30 Days |
| 19 to 22 Points in a period greater than two years | 60 Days |
| 23 to 26 Points in a period greater than two years | 90 Days |
| 27 to 30 Points in a period greater than two years | 120 Days |
| 31 to 35 Points in a period greater than two years | 150 Days |
| 36 or more points in a period greater than two years | Not less than 180 Days |
(b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his discretion, the Director shall consider the persons driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.
Collateral Consequences: Motor Vehicle Surcharges
Another collateral consequence associated with motor vehicle offenses in the state of New Jersey are DMV Surcharges. Surcharges are fines assessed by the New Jersey Surcharge Violation System (NJSVS). The New Jersey Merit Rating Program, created by N.J.S.A. 17:29A-35, requires Motor Vehicle Services to collect surcharges from motorists whose driving records include certain motor vehicle offenses. The surcharges that are imposed are in addition to any court-imposed fines and penalties, or any premium or surcharge fees that are assessed by insurance companies.
A motorist is liable for Surcharges in one of two ways: (1) Drivers who accumulate 6 or more points in a period of three years or less, or (2) Drivers who have been convicted in court for specific offenses such as driving while intoxicated (DWI), driving without insurance (39:6b-2) or driving while suspended (39:3-40). Surcharges are in addition to any court fines and/or penalties and are billed yearly for three years. (Please note that point credits are not considered when assessing surcharges). All surchargeable offenses are billed as they appear on your motor vehicle record. Motor Vehicle Services does not have the authority to reduce your surcharge payments or change any court-reported violations.
| Collateral Consequences: DMV Surcharges |
| Points Surcharges |
| $150 for six points in a period of three years or less, and $25 for each additional point during that time. |
| Offense Surcharges |
| VIOLATION | SURCHARGE |
| Unlicensed Driver or Driving with an Expired License | $100/yr for 3 years ($300) |
| Driving With a Suspended License | $250/yr for 3 years ($750) |
| Failure to Insure a Moped | $100/yr for 3 years ($300) |
| Operating an Uninsured Vehicle | $250/yr for 3 years ($750) |
| First and second Driving While Intoxicated (DWI) | $1000/yr for 3 years ($3000) |
| Refusing to Provide Breathe Samples | $1000/yr for 3 years ($3000) |
| DWI/Refusal (third and subsequent convictions) | $1500/yr for 3 years ($4500) |
* Moving out of state or failing to maintain a current address with the MVC does not excuse surcharge debts. If the surcharge is not paid, MVC will suspend all driving privileges indefinitely and take judgment action by filing a Certificate of Debt in the state Superior Court, which may include securing a lien against any real property that you own, a garnishment of your wages, or other similar actions. Additionally, judgments include collection cost and interest charges calculated on the judgment balance.
Protect your Rights!
Before you pled guilty and face potentially thousands of dollars in fees, surcharges and loss of license, speak with an attorney who is experienced in handling these matters.
Call Me Now For A Free Consultation: Tel: 1-732-667-3764
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