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Traffic Offenses

Somerset County Traffic Violations Defense

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 all of which can add up to significant long-term costs.

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. We may be able to help you avoid accumulating points and driver’s license suspensions.

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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. Because of this, you should never simply pay your ticket and accept the penalties without first discussing your case with an attorney experienced in municipal court cases.

Below is a list of the various types of traffic violations in New Jersey which carry points if you are found guilty.

Violation Points

39:4-66.2
39:4-71
39:4-81
39:4-82
39:4-83
39:4-84
39:4-85
39:4-85.1
39:4-86
39:4-87
39:4-88
39:4-89
39:4-96
39:4-97
39:4-98
39:4-99

39:4-105
39:4-115
39:4-123
39:4-124
39:4-125
39:4-126
39:4-127
39:4-128.1
39:4-128.4
39:4-129
39:4-144.2

Driving on private property to avoid traffic signal or stop sign 2
Improper driving on sidewalk 2
Failure to observe traffic signal 2
Failure to keep right 2
Failure to keep right at intersection 2
Failure to pass right of vehicle proceeding in opposite direction 5
Improper passing on right or off roadway or shoulder 4
Wrong way on one-way street 2
Improper passing, in "No Passing" zone 4
Failure to yield to overtake vehicle 2
Failure to observe traffic lanes 2
Tailgating 5
Reckless driving 5
Careless driving 2
Speeding up to 14 mph above limit 2
Speeding 15-29 mph above limit 4
Speeding 30 mph or more above limit 5
Failure to stop at traffic light 2
Improper turn at traffic light 3
Improper right or left turn 3
Improper turn: from approved turning course 3
Improper u-turn 3
Failure to give proper signal 2
Improper backing or turn in street 2
Improper passing of school bus 5
Improper passing of frozen dessert truck 4
Leaving scene of accident - No injuries 2
Failure to observe stop or yield signs 2

At Aiello Harris, our lawyers are often able to reduce the points our clients receive to ZERO points. In addition, if you have been to municipal court recently you may have heard of a new statute that permits a person to plead guilty to a traffic violation 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. Not withstanding 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.

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Remember, you should contact a lawyer who has experience in handling traffic violations and municipal court matters. For a free initial consultation regarding your rights and defenses before pleading guilty to a traffic violation, call Aiello, Harris, Devero, Marth & Schiffman, P.C. at (908) 561-5577 or contact us online at any of our North and Central New Jersey law offices.

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