Payable Traffic Tickets
Below is an expanding list common New Jersey laws and penalties associated with them.
New Jersey Violations Bureau Schedule & Payable Traffic Tickets
39:3-4 Driving or parking unregistered motor vehicle $54
39:3-9a Failure to notify change in name $55
39:3-9a Failure to endorse license $55
39:3-10 Driving with an expired license (when paying through the Violations Bureau, the defendant is required to attach a photocopy of a valid driver’s license to the complaint/summons) $54
39:3-11 Violating a restriction on conditional license $55
39:3-17 Failure to possess driver’s license or registration (non-resident motorists) $180
39:3-20 Excess weight – plus $100 for each 1,000 lbs. or fraction thereof $530
39:3-20(b) Speeding – commercial vehicle – load exceeds axle limitations – See payable amount for N.J.S.A. 39:4-98
39:3-20(b) Speeding in a Safe Corridor or Construction Zone or 65 MPH area – commercial vehicle – See payable amount for N.J.S.A. 39:4-98
39:3-29 Failure to possess documents. Limited to driver’s license or registration. (Failure to possess insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense) $180
39:3-29 Refusal to exhibit documents. Limited to driver’s license or registration. (Refusal to exhibit insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense) $180
39:3-32 Failure to replace lost, destroyed or defaced driver’s plates $55
39:3-33 Display of unclear or indistinct license plates (limited to this portion of statute only) $54
39:3-36 Failure to notify of complete change of address $26
39:3-38 Use of marker other than one issued (limited to this portion of statute only) $55
39:3-44 Vehicle in unsafe condition $54
39:3-4 Driving or parking unregistered motor vehicle $54
39:3-9a Failure to notify change in name $55
39:3-9a Failure to endorse license $55
39:3-10 Driving with an expired license (when paying through the Violations Bureau, the defendant is required to attach a photocopy of a valid driver’s license to the complaint/summons) $54
39:3-11 Violating a restriction on conditional license $55
39:3-17 Failure to possess driver’s license or registration (non-resident motorists) $180
39:3-20 Excess weight – plus $100 for each 1,000 lbs. or fraction thereof $530
39:3-20(b) Speeding – commercial vehicle – load exceeds axle limitations – See payable amount for N.J.S.A. 39:4-98
39:3-20(b) Speeding in a Safe Corridor or Construction Zone or 65 MPH area – commercial vehicle – See payable amount for N.J.S.A. 39:4-98
39:3-29 Failure to possess documents. Limited to driver’s license or registration. (Failure to possess insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense) $180
39:3-29 Refusal to exhibit documents. Limited to driver’s license or registration. (Refusal to exhibit insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense) $180
39:3-32 Failure to replace lost, destroyed or defaced driver’s plates $55
39:3-33 Display of unclear or indistinct license plates (limited to this portion of statute only) $54
39:3-36 Failure to notify of complete change of address $26
39:3-38 Use of marker other than one issued (limited to this portion of statute only) $55
39:3-44 Vehicle in unsafe condition $54
39:3-4 Driving or parking unregistered motor vehicle $54
39:3-9a Failure to notify change in name $55
39:3-9a Failure to endorse license $55
39:3-10 Driving with an expired license (when paying through the Violations Bureau, the defendant is required to attach a photocopy of a valid driver’s license to the complaint/summons) $54
39:3-11 Violating a restriction on conditional license $55
39:3-17 Failure to possess driver’s license or registration (non-resident motorists) $180
39:3-20 Excess weight – plus $100 for each 1,000 lbs. or fraction thereof $530
39:3-20(b) Speeding – commercial vehicle – load exceeds axle limitations – See payable amount for N.J.S.A. 39:4-98
39:3-20(b) Speeding in a Safe Corridor or Construction Zone or 65 MPH area – commercial vehicle – See payable amount for N.J.S.A. 39:4-98
39:3-29 Failure to possess documents. Limited to driver’s license or registration. (Failure to possess insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense) $180
39:3-29 Refusal to exhibit documents. Limited to driver’s license or registration. (Refusal to exhibit insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense) $180
39:3-32 Failure to replace lost, destroyed or defaced driver’s plates $55
39:3-33 Display of unclear or indistinct license plates (limited to this portion of statute only) $54
39:3-36 Failure to notify of complete change of address $26
39:3-38 Use of marker other than one issued (limited to this portion of statute only) $55
39:3-44 Vehicle in unsafe condition $54
39:3-47 Improper lighting equipment; altering equipment $54
39:3-47a Failure to use headlights with wipers $54
39:3-49 Inadequate headlights $54
39:3-50 Unauthorized use of certain colored lights $54
39:3-51 Improper auxiliary driving lamps $54
39:3-52 Improper additional lighting equipment and use thereof $54
39:3-53 Improper spot lamps $54
39:3-54 Miscellaneous improper lights $54
39:3-55 Improper operation with alternate road lighting equipment $54
39:3-56 Operating without at least two front lighted lamps $54
39:3-57 Improper single beam lighting $54
39:3-58 Improper multiple beam headlights $54
39:3-59 No light beam indicator $54
39:3-60 Improper use of high and low headlight beams $54
39:3-61 Failure to equip motor vehicle with lamps and reflectors required $54
39:3-61.1 Improper mounting of lamps and reflectors $54
39:3-61.2 Improper combination of lighting devices and reflectors $54
39:3-61.3 Improper stop lamps $54
39:3-61.4 Improper placement and use of red lamps and flags on overhanging loads $54
39:3-62 Unlit lamps on parked vehicle $54
39:3-64 Improper emergency warning light equipment $54
39:3-64.3 Failure of itinerant vendor to flash signals when stopped for transacting business $54
39:3-65 Failure to equip farm machinery and other vehicles with lamps $54
39:3-66 Failure to maintain lamps $54
39:3-69 Failure to equip vehicle with horn $54
39:3-70 Noisy muffler $54
39:3-71 Failure to equip vehicle with mirrors $54
39:3-72 Tire in unsafe operating condition $54
39:3-73 Improper use of tire chains $54
39:3-74 Obstruction of windshield for vision $54
39:3-75 Failure to equip vehicle with safety glass $54
39:3-76.2 Failure to equip vehicle with safety belts $54
39:3-76.2a Failure to use a child passenger restraint when transporting a child under the age of eight and weighing less than 80 pounds $54
39:3-76.2f Failure to wear seat belt $46
39:3-76.3 Motorcycle handle bar grips too high $54
39:3-76.4 Failure to equip motorcycle with special muffler systems $54
39:3-76.5 Failure to equip motorcycle with footrests and helmet for motorcycle passengers $80
39:3-76.7 to 3-76.10 Motorcycle helmet, goggles, and other safety equipment violations $54
39:3-77 Selling or using unapproved devices or equipment $55
39:3-79.1 Failure to equip bus, truck, or trailer with mud flaps $54
39:3-81 Misuse of stud tires (limited to this portion of statute only) By regulation of the Director of Motor Vehicles, stud tires shall not be used on a highway earlier than November 15 or later than April 1 of each year $55
39:3-84 Violation of dimensional restriction $185
39:3-84 Violation of weight restriction if total excess weight is less than 10,000 pounds, then the payable amount equals $.02 x (total excess weight) + $23, but no less than $81. If total excess weight is greater than 10,000 pounds, then the payable amount equals $.03 x (total excess weight) + $23. $85
39:3-71 Failure to equip vehicle with mirrors $54
39:3-72 Tire in unsafe operating condition $54
39:3-73 Improper use of tire chains $54
39:3-74 Obstruction of windshield for vision $54
39:3-75 Failure to equip vehicle with safety glass $54
39:3-76.2 Failure to equip vehicle with safety belts $54
39:3-76.2a Failure to use a child passenger restraint when transporting a child under the age of eight and weighing less than 80 pounds $54
39:3-76.2f Failure to wear seat belt $46
39:3-76.3 Motorcycle handle bar grips too high $54
39:3-76.4 Failure to equip motorcycle with special muffler systems $54
39:3-76.5 Failure to equip motorcycle with footrests and helmet for motorcycle passengers $80
39:3-76.7 to 3-76.10 Motorcycle helmet, goggles, and other safety equipment violations $54
39:3-77 Selling or using unapproved devices or equipment $55
39:3-79.1 Failure to equip bus, truck, or trailer with mud flaps $54
39:3-81 Misuse of stud tires (limited to this portion of statute only) By regulation of the Director of Motor Vehicles, stud tires shall not be used on a highway earlier than November 15 or later than April 1 of each year $55
39:3-84 Violation of dimensional restriction $185
39:3-84 Violation of weight restriction if total excess weight is less than 10,000 pounds, then the payable amount equals $.02 x (total excess weight) + $23, but no less than $81. If total excess weight is greater than 10,000 pounds, then the payable amount equals $.03 x (total excess weight) + $23. $85
39:4-11 to 4-14.2 Violations concerning bicycles and roller skates $54
39:4-15 to 4-25.1 Violations concerning horses and horse-drawn vehicles $54
39:4-26 to 4-30 Violations concerning machinery, vehicles or apparatus of unusual size or weight (fine to be paid to agency charged with maintenance of road upon which violation occurs) $85
39:4-32 to 4-37.1 Pedestrian violations $54
39:4-38 to 4-45 Street car violations $54
39:4-46 Failure to display owner’s name on commercial vehicle (fine to be forwarded to Director of Motor Vehicles) $26
39:4-53 Leaving vehicle with engine running $54
39:4-54 Violation of dimension restriction on trailers $85
39:4-54 Violation of weight restriction trailers (see N.J.S.A. 39:3-20 and 3-84 as applicable)
39:4-55 Failure to control vehicle on steep grades and curves $54
39:4-56 Delaying traffic $54
39:4-56.6 Abandonment of vehicle on private property $55
39:4-57 Failure to comply with directions of officer $54
39:4-57 Safe Corridor, Construction Zone or 65 MPH area – Failure to comply with direction of officer $72
39:4-57.1 Failure to activate interior light at request of officer $80
39:4-58 Vehicle loaded so as to obstruct view $54
39:4-59 Hitch-hiking $54
39:4-60 Soliciting trade or contributions on highway $54
39:4-61 Tailboard riding $54
39:4-62 Leaving curb $54
39:4-64 Throwing litter from vehicle $230
39:4-65 Letting off or taking on persons other than at curb $54
39:4-66 Failure to stop when emerging from alley, driveway or garage $54
39:4-66.1 Failure to yield right-of-way when entering private road or driveway $54
39:4-66.1 Safe Corridor or Construction Zone – Failure to yield right-of-way when entering private road or driveway $72
39:4-67 Obstructing passage of vehicles $54
39:4-68 Doors of streetcar or autobus open $54
39:4-69 Riding on part of street car or vehicle not intended for passengers $54
39:4-71 Driving on sidewalk $54
39:4-71 Safe Corridor, Construction Zone – Driving on sidewalk $72
39:4-72 Failure to stop on signal from driver of horse $54
39:4-76 Overweight vehicles on bridges (interstate) – fine to be forwarded to Director of Motor Vehicles – Same payable amount as N.J.S.A. 39:3-84
39:4-77 Loading so as to spill $55
39:4-78 Carrying metal so as to create noise $54
39:4-79 Backing vehicle to curb to unload $54
39:4-80 Disregard of officer directing traffic $85
39:4-80 Safe Corridor, Construction Zone or 65 MPH area – Disregard of officer directing traffic $140
39:4-81 Failure to observe traffic signal $85
39:4-81 Safe Corridor, Construction Zone or 65 MPH area – Failure to observe traffic signal $140
39:4-82 Failure to keep right $85
39:4-82 Safe Corridor, Construction Zone – Failure to keep right $140
39:4-82.1 Driving on safety island $85
39:4-82.1 Safe Corridor, Construction Zone or 65 MPH area – Driving on safety island $140
39:4-83 Failure to keep right at intersection $85
39:4-83 Safe Corridor, Construction Zone – Failure to keep right at intersection $140
39:4-84 Failure to pass to right when proceeding in opposite directions $85
39:4-84 Safe Corridor, Construction Zone or 65 MPH area – Failure to pass to right when proceeding in opposite directions $140
39:4-85 Failure to pass to left when overtaking $85
39:4-85 Safe Corridor, Construction Zone or 65 MPH area – Failure to pass to left when overtaking $140
39:4-85.1 Wrong way on one-way street $85
39:4-86 Failure to overtake and pass properly; crossing “no passing” lines $85
39:4-86 Safe Corridor, Construction Zone or 65 MPH area – Failure to overtake and pass properly; crossing “no passing” lines $140
39:4-87 Failure to give overtaking vehicle right of way $85
39:4-88 Failure to obey regulations in marked lanes $85
39:4-88 Safe Corridor, Construction Zone or 65 MPH area – Failure to obey regulations in marked lanes $140
39:4-89 Following another vehicle too closely $85
39:4-89 Safe Corridor, Construction Zone or 65 MPH area – Following another vehicle too closely $140
39:4-90 Failure to yield right of way at intersection $85
39:4-90 Safe Corridor, Construction Zone or 65 MPH area – Failure to yield right of way at intersection $140
39:4-90.1 Entering or leaving limited access highways improperly $85
39:4-90.1 Safe Corridor, Construction Zone or 65 MPH area – Entering or leaving limited access highways improperly $140
39:4-91 Failure to yield right-of-way to emergency vehicles $85
39:4-92 Failure to pull over for emergency vehicle; following emergency vehicle too closely $85
39:4-92.1 Following fire department vehicle too closely back to fire station $85
39:4-94 Railroad employee unnecessarily blocking highway with train $85
39:4-97 Careless driving where no accident involving personal injury (accident resulting in personal injury cannot be paid through the Violations Bureau) $85
39:4-97 Safe Corridor, Construction Zone or 65 MPH area – Careless driving where no accident involving personal injury (accident resulting in personal injury cannot be paid through the Violations Bureau) $140
39:4-97.1 Slow speed so as to impede or block traffic $85
39:4-97.3 Use of a cell phone while driving $130
39:4-98 Speeding – exceeding limit by 1-9 miles per hour $85
39:4-98 Safe Corridor or Construction Zone speeding – exceeding limit by 1-9 miles per hour $140
39:4-98 Speeding – exceeding limit by 10-14 miles per hour $95
39:4-98 Safe Corridor, Construction Zone or 65 MPH area – speeding – exceeding limit by 10-14 miles per hour $160
39:4-98 Speeding – exceeding limit by 15-19 miles per hour $105
39:4-98 Safe Corridor, Construction Zone or 65 MPH area – speeding – exceeding limit by 15-19 miles per hour $180
NOTE: Exceeding the posted speed limit by 20 miles per hour or more in a Safe Corridor or in a Construction Zone requires a court appearance.
39:4-98 Speeding – exceeding limit by 25-29 miles per hour — pursuant to N.J.S.A. 39:4-98.7, all fines have been doubled for any defendant charged with speeding 20 MPH or more over the speed limit. $220
39:4-98 Speeding – exceeding limit by 30-34 miles per hour — pursuant to N.J.S.A. 39:4-98.7, all fines have been doubled for any defendant charged with speeding 20 MPH or more over the speed limit. $240
39:4-98 Speeding – exceeding limit by 35-39 miles per hour — pursuant to N.J.S.A. 39:4-98.7, all fines have been doubled for any defendant charged with speeding 20 MPH or more over the speed limit. $260
NOTE: Exceeding the posted speed limit by 40 miles per hour or more requires a court appearance.
39:4-100 Exceeding speed limit across sidewalk (4mph) $80
39:4-115 Improper turn at controlled intersection $85
39:4-115 Safe Corridor or Construction Zone – Improper turn at controlled intersection $140
39:4-116 Improper turn at arrow $85
39:4-117 Special pedestrian signals – motorist or pedestrian violation $85
39:4-119 Failure to observe flashing traffic signals $85
39:4-119 Safe Corridor or Construction Zone – Failure to observe flashing traffic signals $140
39:4-122 Failure to obey whistle of police $85
39:4-122 Safe Corridor or Construction Zone – Failure to obey whistle of police $140
39:4-123 Improper right and left-hand turns $85
39:4-123 Safe Corridor or Construction Zone – Improper right and left-hand turns $140
39:4-124 Failure to turn as indicated by buttons or markers at intersection $85
39:4-124 Safe Corridor or Construction Zone – Failure to turn as indicated by buttons or markers at intersection $140
39:4-125 U-Turn on curve or grade or where view obstructed or “No U-Turn” sign $85
39:4-125 Safe Corridor or Construction Zone – U-Turn on curve or grade or where view obstructed or “No U-Turn” sign $140
39:4-126 Failure to signal before starting, turning or stopping $85
39:4-126 65 MPH area – Failure to signal before starting, turning or stopping $140
39:4-127 Improper backing or turning in street $85
39:4-127 Safe Corridor, Construction Zone or 65 MPH area – Improper backing or turning in street $140
39:4-127.1 Failure to stop at railroad crossing $85
39:4-127.2 Failure to stop for gate at approaches to movable span bridge $85
39:4-135 Improper parking $54
39:4-136 Parking on highway $54
39:4-137 Allowing a vehicle to stand on highway unattended while motor running and without setting brakes $54
39:4-138(a) Improper parking within intersection $54
39:4-138(b) Improper parking on a crosswalk $54
39:4-138(c) Improper parking in safety bus zone $54
39:4-138(d) Improper parking in front of driveway $54
39:4-138(e) Improper parking within 25 ft. of crosswalk $54
39:4-138(f) Improper parking on a sidewalk $54
39:4-138(g) Improper parking in a no parking area established by State Highway Department $54
39:4-138(h) Improper parking within 50 feet of stop sign $54
39:4-138(i) Improper parking within 10 feet of fire hydrant $54
39:4-138(j) Improper parking within 50 feet of railroad $54
39:4-138(k) Improper parking within 20 feet of driveway entrance to fire station or 75 feet on opposite side of street (when properly signposted) $54
39:4-138(l) Improper parking alongside or opposite street excavation or obstruction, causing traffic obstruction (when properly signposted) $54
39:4-138(m) Double parking $54
39:4-138(n) Improper parking on a bridge, elevated structure, underpass or immediate approaches (except where space for parking is provided) $54
39:4-139 Loading or unloading for unreasonable period of time $54
39:4-144 Failure to obey stop or yield right-of way signs $85
39:4-144 Safe Corridor, Construction Zone or 65 MPH area – Failure to obey stop
or yield right-of-way signs $140
39:4-145 Failure to yield to vehicle entering stop or yield intersection after stopping $85
39:4-207.9 Failure to remove snow from handicapped parking space $230
39:4-215 Failure to obey signals, signs or directions $54
39:8-1 Failure to have inspection $130
39:8-4 Failure to make repairs $130
39:8-6 Failure to display approval certificate (fines for inspection violations are forwarded to Division of Motor Vehicles) $130
39:8-62 Operation of diesel powered motor vehicle – emission violation-no
certification of repair – first offense only (the payable amount may be
reduced to $150.00 if a certification of repair is provided and it is
acceptable to the Court) $730
39:8-62 Operation of diesel powered motor vehicle – emission violation-no
certification of repair – first offense only (the payable amount may be
reduced to $150.00 if a certification of repair is provided and it is
acceptable to the Court) $730
39:4-139 Loading or unloading for unreasonable period of time $54
39:4-144 Failure to obey stop or yield right-of way signs $85
39:4-144 Safe Corridor, Construction Zone or 65 MPH area – Failure to obey stop
or yield right-of-way signs $140
39:4-145 Failure to yield to vehicle entering stop or yield intersection after stopping $85
39:4-207.9 Failure to remove snow from handicapped parking space $230
39:4-215 Failure to obey signals, signs or directions $54
39:8-1 Failure to have inspection $130
39:8-4 Failure to make repairs $130
39:8-6 Failure to display approval certificate (fines for inspection violations are forwarded to Division of Motor Vehicles) $130
39:8-62 Operation of diesel powered motor vehicle – emission violation-no
certification of repair – first offense only (the payable amount may be
reduced to $150.00 if a certification of repair is provided and it is
acceptable to the Court) $730
Driving While Suspended
39:3-40. Driving when license refused, suspended, revoked or prohibited; motor vehicle license revoked; punishment.
Driving when license refused, suspended, revoked or prohibited; motor vehicle license revoked; punishment. No person to whom a driver’s license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver’s license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.
No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.
Except as provided in subsections i and j. of this section, a person violating this section shall be subject to the following penalties:
a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;
e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;
f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2 No Insurance), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.
(2) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50,( DWI) section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.
(3) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.
It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;
g. In addition to the other applicable penalties provided under this section, a person violating this section whose license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder, shall be fined $3,000. The court shall waive the fine upon proof that the person has paid the total surcharge imposed pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder. Notwithstanding the provisions of R.S.39:5-41, the fine imposed pursuant to this subsection shall be collected by the Motor Vehicle Commission pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a copy of the judgment of conviction with the chief administrator and with the Clerk of the Superior Court who shall enter the following information upon the record of docketed judgments: the name of the person as judgment debtor; the commission as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and effect as any civil judgment docketed in the Superior Court;
h. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:
(1) Knows that the operator’s license to operate a motor vehicle has been suspended for a violation of R.S.39:4-50or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or
(2) Knows that the operator’s license to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person’s license was suspended or revoked;
i. If the violator’s driver’s license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;
j. If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.
For the purposes of this subsection, a “motor vehicle moving violation” means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
Hit & Run
LEAVING THE SCENE OF AN ACCIDENT
If you have been charged with leaving the scene of an accident, please contact the Law Office of Steven A. Traub for a free consultation. This is a serious offense with serious consequences outlined in the statute below. We have represented hundreds of people who have been charged with leaving the scene of an accident (hit and run) and have be able to have the charges dismissed in almost all cases. Please contact us and we will can have the same result for you.
39:4-129. Action in case of accident. Action in case of accident. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.
In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.
(b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
(c) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator’s license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.
In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.
(d) The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.
(e) There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property has knowledge that he was involved in such accident.
For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.
There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.
Drunk Driving
39:4-50 . Driving while intoxicated. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject: (1) For the first offense:
(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;
(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;
(iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
(2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c.286 (C.39:3-40.1).
(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c.286 (C.39:3-40.1).
As used in this section, the phrase “narcotic, hallucinogenic or habit-producing drug” includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.
A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.
If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender’s seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health and Senior Services. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).
A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
(b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse’s Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing, the court shall forward to the Division of Alcoholism and Drug Abuse’s Intoxicated Driving Program Unit a copy of a person’s conviction record. A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program Unit.
(c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver’s license or licenses of the person so convicted and forward such license or licenses to the chief administrator. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver’s license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident’s driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.
(d) The chief administrator shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act.
(e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey.
(f) The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the commission, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person’s compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years’ experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center’s responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person’s participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism and Drug Abuse.
Upon a person’s failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person’s failure to comply.
Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75.00 for the first offender program or a per diem fee of $100.00 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of Health and Senior Services in consultation with the Governor’s Council on Alcoholism and Drug Abuse pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).
The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator.
The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.
(g) When a violation of this section occurs while:
(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.
It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
(h) A court also may order a person convicted pursuant to subsection a. of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant’s physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility’s personnel and the probation department:
(1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers;
(2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or
(3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers.
As used in this section,”appropriate victim” means a victim whose condition is determined by the facility’s supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.
If at any time before or during a visitation the facility’s supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant’s counsel, and, if available, the defendant’s parents to discuss the visitation and its effect on the defendant’s future conduct. If a personal conference is not practicable because of the defendant’s absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage.
The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection.
(i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $100, of which amount $50 shall be payable to the municipality in which the conviction was obtained and $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund.
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