Traffic Offenses

MISCELLANEOUS TRAFFIC OFFENSES AND PLEA BARGAINING

In New Jersey, most motor vehicle offenses carry points which are assessed by the New Jersey Motor Vehicle Commission and/or a suspension of your driving privileges. These points could result in surcharges from the NJMVC and/or your insurance company. If you are charged with speeding, careless driving, reckless driving, driving while suspended, or any other type of moving violation, contact an attorney at Aiello Harris because we can help you avoid points and driver’s license suspensions.

The State of New Jersey permits attorneys to engage in plea bargaining with the municipal court prosecutors in order to reduce points and/or limit driving license suspensions. You should never simply pay your ticket and accept the penalties associated with that ticket without first discussing your case with a qualified and experienced attorney who specializes in municipal court cases.

Below is a list of the various types of moving violations in NJ which carry points if your found guilty.

Violation  Points

The lawyers at Aiello Harris are often able to reduce the points you could receive to ZERO points. If you have been to municipal court recently, you may have heard of a new statute that permits a person to plead guilty without having any points assessed against their driving record. This new statute is listed below.

Driving, operating a motor vehicle in an unsafe manner, offense created; fines.

1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

   b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

   c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

   d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5). THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

   e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.  L.2000, c.75, s.1.

Remember, you should contact a lawyer who has experience in handling traffic and municipal court matters. Call an attorney at Aiello Harris for a free consultation regarding your rights and defenses before pleading guilty to a traffic ticket which may result in a suspension of your license and/or points. For a free initial consultation with Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

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Serving clients across North and Central Jersey including the cities of Watchung, Bridgewater, and Somerville in Somerset County, Newark and West Orange in Essex County, Elizabeth, Scotch Plains, Springfield, Plainfield, and Cranford in Union County, Clinton and Flemington in Hunterdon County, New Brunswick and Edison in Middlesex County, Hackensack in Bergen County, Patterson in Passaic County, Morristown and Florham park in Morris County, Hoboken and Jersey City in Hudson County, Phillipsburg in Warren County, and Freehold, Colts Neck and Marlboro in Monmouth County.