Cheat-Sheet
1. Serious Violations Involving Moving Violation Points
Points Statute Offense
8 39:4-129A Leaving Scene of Accident with Personal Injuries
5 39:4–52 Racing on Highway
5 39:4–84 Failure to Pass to Right of Oncoming Vehicle
5 39:4–96 Reckless Driving
5 39:4-98 Speeding 30 MPH or More Over Limit
5 39:4–128.1 Improper Passing of School Bus
4 39:4-128.4 Improper Passing of Frozen Dessert Truck
4 27:23-29 Improper Passing on Turnpike/GSP/AC Expressway
4 39:4–85 Improper Passing on Right or Off Roadway
4 39:4–86 Improper Passing in No-Passing Zone
4 39:4–97.2 Unsafe Operation (3rd, if within 5 years of 2nd violation)
4 39:4-98 Speeding 15-29 MPH Over Limit
3 39:3–20 Operating Construction Vehicle in Excess of 45 MPH
3 39:4–115 Improper Turn at Traffic Light
3 39:4–123 Improper Right or Left turn
3 39:4–125 Improper U-Turn
3 39:4–124 Improper Turn from Approved Turning Course
2 These violations are too numerous to list here.
2. Estimated Penlties
Level of Offense Fine Jail
Traffic Matters Varies Up to 6 Months
Local Ordinance Varies Normally, No Jail
Petty Disorderly Persons $500 Up to 30 Days
Disorderly Persons $1,000 Up to 180 Days
Fourth Degree $10,000 Up to 18 Months
Third Degree $15,000 1 – 5 Years
Second Degree $150,000 5 – 10 Years
First Degree $200,000 10-20 Years
3. Waiting Periods for Expungement Eligibility
Disposition Waiting Period Limit
Traffic Matters Cannot be Expunged in New Jersey
Arrest Without Conviction None Unlimited
Diversion with Dismissal (PTI, etc.) 6 Months One
Ordinance Conviction 2 Years No Limit
(other restrictions)
Petty D.P. Conviction 5 Years 3
(or 2 and 1 Crime)
D.P. Conviction 5 Years 3
(or 2 and 1 Crime)
Crime of 4th Degree or Above 10 Years One
NOTE; Regardless of the Level of Offense, Not All Offenses May be Expunged.
4. Surcharges
$150 for 6 points within 3 years of last posted violation (plus $25 for each additional point)
$300 for driving without a license
$750 for driving with a suspended license
$750 for operating an uninsured vehicle
$3,000 for Driving While Intoxicated
$3,000 for Refusing to Submit to a Chemicl Breath Test
5. Motor Vehicle Offenses Involving Insurance Eligibility Points
Points Offense
9 Driving While intoxicated
9 Driving without Insurance
9 Refusal to Submit to a Chemical Breath Test
9 Driving While Suspended
NOTE: 8 or More Insurance Eligibility Points Places a Driver in the High-Risk Pool, which has been known to double insurance rates. Also, as opposed to Moving Violation Points, which drop fter one year of safe driving, Insurance Points remain for a period of 3 years.
6. Motor Vehicle Commission Judgment
$3,000 Civil Judgment for Driving While Suspended when the suspension is due to Failing to Pay Surcharges.
7. Some Violations that may Lead to Jail
Many Moving Violations 15 Days
Willful Moving Violations Discretion of Court
Suspended Driver 1,5,10, 90,100,120-150 Days
Unlicensed Driver Up to 60 Days
Uninsured Driver (2nd or Subsequent) 14 Days
Intoxicated Driver 1 - 30, 90, 180 Days
Leaving the Scene of an Accident 30 – 90, 180 Days
8. Some Violations Resulting in License Suspension
Unlicensed Driver 180 Days
Suspended Driver 1-180 Days, 12 – 30 Months
Uninsured Driver 1 – 2 years
Leaving Scene of Accident 30 – 90, or 180 Days
Intoxicated Driver 3, 7, or 12 Months
1, 2, 10, or 20yrs
(or Indefinitely)
The information contained on this sheet represent estimtes only and may be incomplete. Any information on this sheet is subject to change and is believed to be reasonably accurate only at the time it was compiled. These estimates should not be relied upon without consulting a qualified attorney.
Remember: Nothing in this site is intended to be legal advice. All matters are unique; therefore, anyone desiring legal advice should consult a qualified attorney.
Copyright (c) 2012 The Law Offices of Scott Pennington, L.L.C. All Rights Reserved.
