Penalties and fines
Driving is a privilege, not a right. If you break traffic laws, your driving privileges could be suspended or revoked resulting in fines and even imprisonment. The seriousness of your violations – and resulting penalties – are tracked by MVC using a point system.
If you are convicted of a moving violation, MVC will penalize you by adding points to your driving record. You will only get points on your record for moving violations – points are not assessed for parking and other violations. A table is provided for more information on the number of points earned for specific violations.
How do points affect you?
If you get six or more points within three years on your current driving record, you will be assessed a surcharge
If you get 12 or more points on your current driving record, your license will be suspended. You will receive a notice of scheduled suspension by mail
Getting points on your license may also increase your insurance rates. Contact your insurance agent for details
How can I get rid of points on my record?
Although MVC keeps a permanent record of all the points you’ve earned, it is possible to earn point deductions by remaining violation and suspension-free for one year or by taking qualified driving courses approved by MVC.
Note: Your insurance company might not factor these deductions into your insurance rate.
NJSA point schedule
[table color=”#444″]
| NJSA Section | Offense | Points |
|---|---|---|
| New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway | ||
| 27:23–29 | Moving against traffic |
2 |
| 27:23–29 | Improper passing |
4 |
| 27:23–29 | Unlawful use of median strip |
2 |
| All roads and highways | ||
| 39:3–20 | Operating constructor vehicle in excess of 45 mph |
3 |
| 39:4–14.3 | Operating motorized bicycle on a restricted highway |
2 |
| 39:4–14.3d | More than one person on a motorized bicycle |
2 |
| 39:4–35 | Failure to yield to pedestrian in crosswalk |
2 |
| 39:4–36 | Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk |
2 |
| 39:4– 41 | Driving through safety zone |
2 |
| 39:4–52 | Racing on highway |
5 |
| 39:4–55 | Improper action or omission on grades and curves |
2 |
| 39:4–57 | Failure to observe direction of officer |
2 |
| 39:4–66 | Failure to stop vehicle before crossing sidewalk |
2 |
| 39:4–66.1 | Failure to yield to pedestrians or vehicles while entering or leaving highway |
2 |
| 39:4–66.2 | Driving on public or private property to avoid a traffic sign or signal |
2 |
| 39:4–71 | Operating a motor vehicle on a sidewalk |
2 |
| 39:4–80 | Failure to obey direction of officer |
2 |
| 39:4–81 | Failure to observe traffic signals |
2 |
| 39:4–82 | Failure to keep right |
2 |
| 39:4–82.1 | Improper operating of vehicle on divided highway or divider |
2 |
| 39:4–83 | Failure to keep right at intersection |
2 |
| 39:4–84 | Failure to pass to right of vehicle proceeding in opposite direction |
5 |
| 39:4–85 | Improper passing on right or off roadway |
4 |
| 39:4–85.1 | Wrong way on a one-way street |
2 |
| 39:4–86 | Improper passing in no passing zone |
4 |
| 39:4–87 | Failure to yield to overtaking vehicle |
2 |
| 39:4–88 | Failure to observe traffic lanes |
2 |
| 39:4–89 | Tailgating |
5 |
| 39:4–90 | Failure to yield at intersection |
2 |
| 39:4–90.1 | Failure to use proper entrances to limited access highways |
2 |
| 39:4–91–92 | Failure to yield to emergency vehicles |
2 |
| 39:4–96 | Reckless driving |
5 |
| 39:4–97 | Careless driving |
2 |
| 39:4–97a | Destruction of agricultural or recreational property |
2 |
| 39:4–97.1 | Slow speed blocking traffic |
2 |
| 39:4–97.2 | Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction) |
4 |
| 39:4–98 | Exceeding maximum speed 1-14 mph over limit |
2 |
| Exceeding maximum speed 15-29 mph over limit |
4 |
|
| Exceeding maximum speed 30 mph or more over limit |
5 |
|
| 39:4–105 | Failure to stop for traffic light |
2 |
| 39:4–115 | Improper turn at traffic light |
3 |
| 39:4–119 | Failure to stop at flashing red signal |
2 |
| 39:4–122 | Failure to stop for police whistle |
2 |
| 39:4–123 | Improper right or left turn |
3 |
| 39:4–124 | Improper turn from approved turning course |
3 |
| 39:4–125 | Improper u-turn |
3 |
| 39:4–126 | Failure to give proper signal |
2 |
| 39:4–127 | Improper backing or turning in street |
2 |
| 39:4–127.1 | Improper crossing of railroad grade crossing |
2 |
| 39:4–127.2 | Improper crossing of bridge |
2 |
| 39:4–128 | Improper crossing of railroad grade crossing by certain vehicles |
2 |
| 39:4–128.1 | Improper passing of school bus |
5 |
| 39:4–128.4 | Improper passing of frozen dessert truck |
4 |
| 39:4–129 | Leaving the scene of an accident –no personal injury |
2 |
| Personal injury |
8 |
|
| 39:4–144 | Failure to observe stop or yield signs |
2 |
| 39:5C–1 | Racing on highway |
5 |
| 39:5D–4 | Moving violation committed out-of-state |
2 |
[/table]
DUI: Driving Under the Influence
The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.
In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).
Being convicted of a DUI is a serious offense, carrying heavy penalties including:
Fines, fees and surcharges
Jail time
Community service
Mandatory fines and penalties
[table color=”#444″]
| Alcohol or drug related DUI with BAC of 0.10% or greater | |||
|---|---|---|---|
|
License loss |
Fines, fees & surcharges |
Prison term |
Community service requirement |
|
7 months– 1 year |
$300–$500 fine$230 IDRC* fee$100 to drunk driving fund
$100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund |
Up to 30 days |
12–48 hours IDRC* |
[/table]
[table color=”#444″]
| Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10% | |||
|---|---|---|---|
|
License loss |
Fines, fees & surcharges |
Prison term |
Community service requirement |
|
3 months |
$250–$400 fine$230 IDRC* fee$100 to drunk driving fund
$100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund |
Up to 30 days |
12–48 hours IDRC* |
[/table]
[table color=”#444″]
| Repeated DUI convictions | ||||
|---|---|---|---|---|
|
Offense |
License loss |
Fines, fees & surcharges |
Prison term |
Community service requirement |
|
2nd offense within 10 years |
2 years |
$500–$1,000 fine $280 IDRC* fee$100 to drunk driving fund$100 to AERF* $1,000/year (for 3 years) surcharge$75 to Neighborhood Services Fund |
48 hours– 90 days |
30 days and 12–48 hours IDRC* |
|
3rd offense within 10 years of 2nd offense |
10 years |
$1,000 fine$280 IDRC* fee$100 to drunk driving fund
$100 to AERF* $1,500/year (for 3 years) surcharge $75 to Neighborhood Services Fund |
180 days |
Up to 90 days (can reduce period of imprisonment) and 12–48 hours IDRC* |
[/table]
Related Offenses
[table color=”#444″]
| Driving or riding with an open container | ||
|---|---|---|
| Offense | Fines | Community service |
| 1st | $200 | – |
| 2nd | $250 | 10 days |
[/table]
[table color=”#444″]
| Driving with a DUI suspension | ||
|---|---|---|
| License loss | Fines or surcharges | Prison term |
| Additional1–2 years | $500 fine$250/year (for 3 years) surcharge | 10–90 days |
[/table]
[table color=”#444″]
| Driving while possessing drugs | |
|---|---|
| License loss | Fines or surcharges |
| 2 years | Minimum $50 fine |
[/table]
Notes:
*IDRC – Intoxicated Driver ResourceCenter
*ERF – Alcohol Education and Rehabilitation Fund
Underage drinking may cause a six-month delay in getting a license
Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
Failure to pay DUI surcharges will result in Indefinite suspension of driving privileges
Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action
We hope that this information is helpful to you.
As always, we are here to help every way possible with a policy of rapid response to your calls and inquiries. Most importantly, we would like to thank you for the confidence you have expressed to our firm. Whenever we can be of assistance to you, please feel free to call us at 1-973-478-1026
Copyright © State of New Jersey, 2007
New Jersey Motor Vehicle Commission
P.O. Box 160, Trenton, NJ, 08666
(609) 292-6500 or toll free in NJ (888) 486-3339 TTY (609) 292-5120
Last Updated: November 26, 2007