When motorists break the laws governing the operation of motor vehicles in New Jersey, they commit traffic violations. Because failing to comply with traffic regulations can result in the death or destruction of property, law enforcement issues traffic tickets to delinquent motorists. An added benefit of releasing such tickets is that it ensures that the traffic rules are obeyed and residents protected.
In New Jersey, traffic violations are addressed in local court branches within the state court system. However, the Municipal Courts hear most traffic violations in the city or town where a ticket was issued.
Typically, individuals who commit traffic violations in New Jersey are subject to certain penalties if they plead or are found guilty. Some include fines, jail time, loss of driving privileges, and demerit points. Apart from the statutory sanctions, an offender may also endure other difficulties because of their offense. One common example is an increase in one's auto insurance premiums.
It is worth noting that New Jersey does not regard traffic violations as crimes. As such, although an offender will be punished accordingly, an offense will not appear on their criminal record, only their New Jersey traffic record.
Types of Traffic Violations in New Jersey
Two types of traffic violations can cause the issuance of citations or tickets in New Jersey: moving and non-moving violations. All violations that occur when a vehicle is in motion are considered moving violations. A few examples include running a stop sign, exceeding a specified speed limit, driving carelessly or recklessly, hit and run, and driving under the influence.
On the other hand, non-moving violations occur when a vehicle is stationary or parked. Compared to moving violations, these violations occur less frequently, carry lighter penalties, and do not result in points being added to a person's driving record. Examples include:
- Parking violations. For example, parking at an expired meter.
- Failure to maintain a vehicle according to state standards.
- Illegal and unapproved vehicle modifications. For example, illegally tinted windows.
New Jersey Traffic Violation Code
The New Jersey Revised Statutes that outline the state's traffic violation codes are as follows:
- Title 39 contains legislation relating to motor vehicles and the Motor Vehicle Commission.
- Titles 2A and 2C contain criminal statutes for drivers and motor vehicles.
- Title 17 contains regulations relating to the motor vehicle violations surcharge system and other insurance legislation affecting drivers and motor vehicles.
- Title 48 outlines passenger transportation laws.
These laws regulate the operation of vehicles and roadways and establish safety provisions for road users.
New Jersey Felony Traffic Violations
In general, felony traffic violations occur when a traffic offense results in personal injury or property destruction. These are the most serious traffic offenses in New Jersey, as they put the lives of others in jeopardy. Due to their severity, felony traffic violations can result in jail time and expensive fines. They can also add enough points on a driver's license to cause the suspension of driving privileges and increased auto insurance rates. The following are some examples:
- Drunk driving
- Overspeeding and exceeding the speed limit by 15 miles per hour or more.
- Illegal racing
- Reckless driving
- Tailgating
- Operating without a commercial driver's license
- Passing a school bus in an improper and unsafe manner
- Fleeing the scene of an accident
New Jersey Traffic Misdemeanors
A misdemeanor is a crime that can result in up to a year in prison, a hefty fine, or both. However, as New Jersey does not consider traffic violations crimes, traffic misdemeanors simply constitute moving violations that do not always have aggravating factors such as death or property damage. Examples include:
- Improper turn at a traffic light
- Careless driving
- Failure to yield at an intersection
- Failure to yield to a pedestrian in a crosswalk
- Failure to observe traffic signs and signals
- Failure to stay within traffic lanes, etc.
Upon conviction, a traffic misdemeanor adds about two or three demerit points to the driver's record.
New Jersey Traffic Infractions
A traffic infraction is often described as an act that violates a statute or ordinance. It is the least severe traffic violation in New Jersey, and in most cases, it is a non-moving violation that does not add points to a driver's driving record. Examples include parking in a no-parking zone and leaving a vehicle unsupervised while running.
New Jersey Traffic Violation Codes and Fines
In addition to being included on one's driving record, traffic offenses committed in New Jersey are accompanied by hefty fines. Generally, each traffic violation has a corresponding fine that an offender must pay. Furthermore, additional fees, called surcharges, may be imposed depending on the frequency and severity of the violation. Depending on the situation, the surcharge may be a one-time payment or a series of annual payments over a specified number of years.
Nonetheless, most traffic ticket fines in New Jersey are primarily established by the county or court in which a motorist was found guilty of an offense. Still, for major offenses, the following fine penalties are established:
- Reckless driving: Fines ranging from $50 to $200.
- Carrying alcoholic beverages: $200 for the first offense and $250 for the second offense or 10 days of community work.
- Hit-and-run: Fines ranging from $250 to $5,000.
- Driving on a suspended license: The fine is $500 for the first offense, $750 for the second offense, and $1000 for the third offense.
How to Pay a Traffic Violation Ticket in New Jersey
Depending on where a motorist receives a traffic violation ticket in New Jersey, the individual may be able to pay the penalty online, in person, over the phone, or by mail. However, before opting to pay a traffic ticket, an individual should be aware that doing so constitutes an admission of guilt and that they will be unable to contest the traffic ticket in court. Besides expensive fines, paying a traffic ticket in the state can lead to the suspension of an individual's New Jersey driver license and an increase in their vehicle insurance rates.
Before payment, an offender should examine the traffic ticket for payment instructions or contact the appropriate court (this will be indicated on the ticket). While payments can be made by visiting the appropriate New Jersey Municipal Court in the locality where the ticket was issued, payments can also be made online through the NJMCDirect website.
The New Jersey Municipal Courts Direct (NJMCDirect) is an online platform that allows customers to pay their traffic violation fines without appearing in person at the courthouse. However, people who fail to pay a ticket before the deadline cannot use this website.
The following are the steps to make a payment via NJMCDirect:
- Visit www.njmcdirect.page.
- Select "Traffic ticket" to proceed with payment.
- Input the necessary information into the appropriate fields. For example, a court ID/name and prefix, ticket number, and license plate number. Then, select "Search" from the drop-down menu.
- Make the payment.
For people who misplaced or lost their ticket number, NJMCdirect provides a search function to retrieve the number online. Also, if the motorist must pay surcharges, the individual can pay online, via phone at (844) 424-6829, or by mail (with a check or money order) at:
New Jersey Surcharge Violation System (NJSVS)
P.O. Box 1502
Moorestown, NJ 08057
Regardless of the payment method used, all ticketed motorists must pay their traffic ticket fines before the due date to avoid further penalties.
Traffic Violation Lookup in New Jersey
Drivers who have been ticketed for traffic violations in New Jersey can look up their cases and tickets online. To look up a ticket or case remotely, individuals can visit the New Jersey Municipal Court Case Search website, where they may search by entering any of the following:
- Name
- Driver's license number
- Complaint number
- Traffic ticket number
Furthermore, provided a traffic violation case is not prohibited from disclosure by Supreme Court Rule or statute, interested parties can access and review documents related to the case. They can also obtain copies of records by visiting the courthouse where the traffic violation was addressed.
How to Plead not Guilty to a Traffic Violation in New Jersey
When a driver chooses to plead "not guilty" to a traffic charge, the individual gains the right to appear before a judge and present their case to the court. However, the individual first must assess their ability to handle the matter independently or with the support of a legal professional. It is advisable to employ an experienced local traffic attorney specializing in such a case. This is because an attorney who regularly operates in the same county will be familiar with the court, its officials, and its procedures. This could be advantageous to guarantee the best possible results.
Before entering a "not guilty" plea, it is crucial for the defendant to analyze the best and worst outcomes. Typically, a favorable verdict will result in the dismissal of the allegations and associated penalties. As such, no points will be added to the defendant's driving record, and the individual will incur high insurance premiums.
In contrast, an unfavorable verdict (a finding of guilt) often leads to the following consequences:
- Possible jail time, if applicable
- Addition of demerit points
- Suspension of driving privileges
- Mandatory enrollment in the New Jersey Intoxicated Driving Program
The Procedure for Entering a 'Not Guilty' Plea in New Jersey
- The first step in disputing a traffic ticket in New Jersey is to study the ticket carefully to avoid missing any deadline. Each court has its unique requirements when scheduling court dates and resolving such cases. It is important to know them all.
- Next, the individual should contact the court stated on the ticket about their intention to plead not guilty within three days of the due date indicated on the ticket.
- After, the court clerk will schedule and confirm a hearing date. It is necessary to honor this date to avoid further complications. It is also advisable to gather evidence and witnesses to convince the court that the ticket is not deserved.
- At the hearing, the judge will enter a ruling after considering the ticketed motorist's defense.
People unable to attend court due to legitimate reasons may be able to resolve their case with the help of an attorney and without appearing in court. This is referred to as a plea by mail. A plea by mail requires an affirmative representation, generally by sworn statement, that appearing in court to resolve the ticket will be overly difficult for the defendant. For out-of-state defendants, this is a cost-effective and time-saving method of resolving New Jersey traffic tickets.
After the hearing is concluded, anyone who receives an unfavorable verdict for the court can appeal the decision. However, this does not entail a new trial. Typically, the original hearing and any presented evidence will be reviewed by a New Jersey Supreme Court judge, who will render a decision on the appeal.
Every appellant should note that there are statutory deadlines and fees associated with filing an appeal. Per the law, the appeal must be filed within 20 days of receiving the lower court's decision, or it will be dismissed. Also, the appellant will have to pay a $100 filing fee, plus a separate fee for a transcript.
Pleading to lesser charges and penalties
Sometimes, a driver may contest a traffic ticket to receive a lesser penalty, not necessarily to nullify the charge. In this scenario, the defendant may reach an agreement with the state prosecutor for a lighter sentence, and a judge will assess and approve the deal.
What Happens if You Plead No Contest a Traffic Violation in New Jersey
When the term "no contest" is used in judicial matters, it typically means that an offender is not contesting the accusations filed against them. This does not necessarily mean they are admitting guilt, but that they will not fight the allegations or the consequences that come with them.
Hence, anyone who chooses to plead no contest to traffic charges in New Jersey will be expected to pay the total fine associated with the ticket. This fine could be minimal, like for a parking ticket, or costly like that assessed for serious violations (e.g., a DUI). Furthermore, the individual will have demerit points added to their driving record if the underlying offense is a moving violation.
How Long Do Traffic Violations Stay on Your Record?
When an offender pleads guilty or no contest to a traffic violation in New Jersey, the Department of Motor Vehicles records the violation on the offender's driving record and adds points to their license.
The state DMV keeps a record of all traffic points incurred by a New Jersey driver indefinitely. This means that despite how much time passes, the points will not go away, except the DMV removes them. Regarding traffic violations and tickets, the DMV does not divulge how long they stay on a person's record. Generally, records of traffic violations and demerit points can increase vehicle insurance rates since insurance companies will view the record holder as a high-risk driver.
Can Traffic Violations Be Expunged/Sealed in New Jersey?
No, traffic violations cannot be expunged in New Jersey. New Jersey law defines expungement as extracting, sealing, impounding, or isolating all documents on file within any criminal justice agency concerning a person's arrest, detention, or trial.
However, expungement is only available for criminal offenses in the state. Since traffic violations are not considered criminal offenses in New Jersey, they cannot be removed from a person's criminal record as they are never listed in the first place.
What Happens if You Miss a Court Date for a Traffic Violation in New Jersey?
In general, failing to appear in court in New Jersey is a serious violation, regardless of the type of case. However, a defendant will only be found guilty of a failure to appear if there is adequate evidence that they had proper notice of the trial date, and the court determines that the individual willfully failed to appear in court.
A failure to appear usually brings the following consequences:
- Driving privileges may be revoked.
- A warrant could be issued for the person's arrest.
- Bail, as well as the right to have one's case heard, may be revoked.
If the summoned individual fails to attend the first court date of a traffic violation proceeding, the court will typically issue a failure to appear notice. The notice will state what should be done after the court date has passed. Anyone who does not adhere to the instructions will most likely have a warrant issued for their arrest. The Motor Vehicle Commission will also be notified of the missed court date, and the individual's license may be suspended.
Nevertheless, a person accused of failing to appear for a traffic trial or hearing may present valid reasons for their absence. The following are some possible justifications:
- Not being properly notified of the trial date and time
- Having a pre-scheduled court appearance
- A life-threatening illness or an accident
- A natural disaster
- Death of a family number
