The Law Offices of David W. Polsky

Traffic Violations

Traffic Violations comprise a very large part of all Municipal Court Summons issued in New Jersey. If you have received a traffic summons you could be facing fines, court costs, points on your license, DMV surcharges, increases in Insurance costs, insurance surcharges, suspension or loss of driving privileges, and even possibly jail time.

NJ Point System
Any driver who is convicted of a moving violation will be assessed points for each conviction in accordance with the N.J.S.A Point Schedule. Listed below is each violation that carries points. (please scroll down for a complete listing)

Options when you receive a Summons

Pleading Guilty
If you plead guilty to the summons you could face the maximum fines, penalties, points, surcharges, fees that are associated with your violation. You will lose all your rights and options, and must accept what ever punishment the Judge deems appropriate for your violations. If points are issued, not only do you face fines from the State of New Jersey, but you also risk having surcharges and rate increases from your Insurance Company.

Pleading Not Guilty
If you plead not guilty, not only do you have the right to a trial, you also have a right to try to enter a plea agreement to lessen the charges. Even if you are guilty of the charges issued, you still will be able to try to reduce or eliminate the points and fines that might be assessed. This occurs if you can reach a plea deal that is recommended by the Prosecutor, and approved by the Judge.

I have extensive experience negotiating these deals, and have had much success for my clients.

Please call me for a free no obligation consolation at: (973) 686-9787.

Listing of Violations that Carry Points in New Jersey

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 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 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 out of state 2

POINTS ACCUMULATED PERIOD OF SUSPENSION
12 to 15 points in a period of two years or 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 than180 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
12 to 14 points in a period greater than two years; 30 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 person's driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.

Call Now (973)686-9787 or Email Polskylegal@aol.com