New Jersey Statutes Annotated Points on Motor Vehicle Records

New Jersey Statutes Annotated

Points on Motor Vehicle Records

The Motor Vehicle Commission (MVC) tracks driving behavior by adding points to a motorist’s record after a conviction for a moving violation.

Points-Assessed Violation Notices

After two years, MVC will send advisory notices to a motorist

whenever points-assessed violations are added to a driving

record and the point total is six to 11.

License Suspension Notice

For a total of 12 or more points on a driving record, MVC will

issue a notice of scheduled suspension of driving privileges.

Point Violations Remain on Driving Records

All point violations earned since March 1, 1974, remain on a

driver history record. However, the motorist’s current point total is based on accumulated points minus any point credits.

How Points are Deducted

A point total will never go below zero. Up to three points will be

subtracted from a motorist’s point total one year after:

• the motorist’s last point violation; or

• the motorist’s license restoration; or

• there have been no violations or suspensions on the

motorist’s driving record for the past year; or

• the last time annual safe driving points were subtracted

from the motorist’s record (whichever is later); or when

• the motorist completes an MVC driver improvement

program offered to problem drivers selected by MVC. Credit

can be received a maximum of once every two years.

Up to two points may be subtracted from a motorist’s point total

after:

• the motorist completes an MVC-approved defensive driving

course. Credit is given for one program every five years.

Note: None of these point reductions apply to insurance

surcharge point totals.

24-Hour

Telephone Information

and Assistance

For License Suspensions and Restorations

(609) 292-7500

For General Customer Information

(888) 486-3339 toll free in NJ

(609) 292-6500 from out of state

or write to:

New Jersey Motor Vehicle Commission

P.O. Box 134

Trenton, New Jersey 08666-0134

Visit us at www.njmvc.gov

        Points in Motor Vehicle Violations

       Motor vehicle violations and criminal charges can cost you.  If you plead guilty by mail or in court for almost all traffic tickets, you will have to pay fines in court and will later receive points on your driver’s license. Both the DMV/MVC and your car insurance company will impose surcharges and eligibility points for three years.

                   

Compiled by  the Law Office of Kenneth Vercammen

N.J.A.C. 13:19-10.1 Point Assessment

         Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:

N.J.S.A. Statutory Violation             Description                                                      Points                                                                                                                                                                 

39:4-14.3   Operating motorized bicycle on restricted highway                         2

39:4-14.3d  More than 1 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 or 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 directions of officer.                                         2

39:4-66      Failure to stop 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 private property to avoid traffic signal or stop sign      2

39:4-71      Improper driving on sidewalk                                                          2

39:4-80      Failure to obey direction of officer                                                 2

39:4-81      Failure to observe traffic signal                                                     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 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 one-way street                                                          2

39:4-86      Improper passing, in "No Passing" zone                                            4

39:4-87      Failure to yield to overtake 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 highway              2

39:4-91,     Failure to yield to emergency vehicle                                              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

39:4-98 or  Speeding up to 14 mph above limit                                                    2                                             

39:4-99      Speeding 15-29 mph above limit                                                      4

                   Speeding 30 mph or more above limit                                              5

39:4-105    Failure to stop at 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 turn 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                                            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 scene of accident- No injuries                                            2

39:4-129    Personal Injury                                                                                8

39:4-144    Failure to observe of stop or yield signs                                         2

39:5D-4      Moving violation out-of-state                                                          2

27:23-29    Moving against traffic-NJ Turnpike., Garden State Pkwy. and

                   Atlantic City Expressway                                                                2

27:23-29    Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City

                    Expressway                                                                                    4

27:23-29    Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and

                   Atlantic City Expressway                                                                2

39:3-20      Operating Constructor vehicle in excess of 30 mph                         3

         DWI, Driving While Suspended, No insurance, unlicensed driver and other violations also have both MVC/DMV surcharges and car insurance surcharges/ increases. More details at www.njlaws.com

2C:1-11. Former prosecution in another jurisdiction: when a bar

2C:1-11.  Former prosecution in another jurisdiction:  when a bar    When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States, a prosecution in the District Court of the  United States is a bar to a subsequent prosecution in this State under the  following circumstances:

    a.  The first prosecution resulted in an acquittal or in a conviction, or in  an improper termination as defined in section 2C:1-9 and the subsequent prosecution is based on the same conduct, unless (1) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other  and the law defining each of such offenses is intended to prevent a substantially different harm or evil or (2) the offense for which the defendant  is subsequently prosecuted is intended to prevent a substantially more serious  harm or evil than the offense of which he was formerly convicted or acquitted  or (3) the second offense was not consummated when the former trial began;  or

    b.  The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense of which the defendant is subsequently prosecuted.

     L.1978, c. 95, s. 2C:1-11, eff. Sept. 1, 1979. 2C:1-12.  Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant    A prosecution is not a bar within the meaning of sections 2C:1-9, 10 and 11  under any of the following circumstances:

    a.  The former prosecution was before a court which lacked jurisdiction over  the defendant or the offense tried in that court;  or

    b.  The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer;  or

    c.  The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by section 2C:1-9a. shall apply.

2C:1-10. When prosecution barred by former prosecution for different offense

2C:1-10.  When prosecution barred by former prosecution for different offense    A prosecution of a defendant for a violation of a different provision of the  statutes or based on different facts than a former prosecution is barred by  such former prosecution under the following circumstances:

    a.  The former prosecution resulted in an acquittal or in a conviction as defined in section 2C:1-9 and the subsequent prosecution is for:

    (1) Any offense of which the defendant could have been convicted on the first prosecution;  or

    (2) Any offense for which the defendant should have been tried on the first  prosecution under section 2C:1-8 unless the court ordered a separate trial of  the charge of such offense;  or

    (3) The same conduct, unless (a) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different  harm or evil, or (b) the second offense was not consummated when the former  trial began.

    b.  The former prosecution was terminated, after the complaint was filed or  the indictment found, by an acquittal or by a final order or judgment for the  defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second  offense.

    c.  The former prosecution was improperly terminated, as improper termination is defined in section 2C:1-9, and the subsequent prosecution is for  an offense of which the defendant could have been convicted had the former  prosecution not been improperly terminated.

    d.  Nothing in this section shall bar the disposition of a nonindictable complaint after disposition of an indictable offense except as required by the Federal and State constitutions.

2C:1-9. When prosecution barred by former prosecution for the same offense

2C:1-9.  When prosecution barred by former prosecution for the same offense    A prosecution of a defendant for a violation of the same provision of the statutes based upon the same facts as a former prosecution is barred by such former prosecution under the following circumstances:

    a.  The former prosecution resulted in an acquittal by a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction.  A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.

    b.  The former prosecution was terminated, after the complaint had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.  This subsection shall not apply to an order or judgment quashing an indictment prior to trial.

    c.  The former prosecution resulted in a conviction.  There is a conviction  if the prosecution resulted in a judgment of conviction which has not been  reversed or vacated, a verdict of guilty which has not been set aside and which  is capable of supporting a judgment, or a plea of guilty accepted by the court.   In the latter two cases failure to enter judgment must be for a reason other  than a motion of the defendant.

    d.  The former prosecution was improperly terminated.  Except as provided in  this subsection, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts. Termination under any of the following circumstances is not improper:

    (1) The defendant consents to the termination or waives, by motion to dismiss or otherwise, his right to object to the termination.

    (2) The trial court finds that the termination is necessary because of the failure of the jury to agree upon a verdict after a reasonable time for deliberation has been allowed.

    (3) The trial court finds that the termination is required by a sufficient legal reason and a manifest or absolute or overriding necessity.

2C:1-8. Method of prosecution when conduct constitutes more than one offense

2C:1-8.      Method of prosecution when conduct constitutes more than one offense     Method of Prosecution When Conduct Constitutes More Than One Offense.

   a.   Prosecution for multiple offenses; limitation on convictions. When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:

   (1)  One offense is included in the other, as defined in subsection d. of this section;

   (2)  One offense consists only of a conspiracy or other form of preparation to commit the other;

   (3) Inconsistent findings of fact are required to establish the commission of the offenses; or

   (4)  The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.  The provisions of this paragraph (4) of subsection a. of this section or any other provision of law notwithstanding, no State tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, shall be construed to preclude a prosecution for any offense defined in this code.

   A determination barring multiple convictions shall be made by the court after verdict or finding of guilt.

   b.   Limitation on separate trials for multiple offenses.  Except as provided in subsection c. of this section, a defendant shall not be subject to separate trials for multiple criminal offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court.

   c.   Authority of court to order separate trials.  When a defendant is charged with two or more criminal offenses based on the same conduct or arising from the same episode, the court may order any such charges to be tried separately in accordance with the Rules of Court.

   d.   Conviction of included offense permitted.  A defendant may be convicted of an offense included in an offense charged whether or not the included offense is an indictable offense.  An offense is so included when:

   (1)  It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or

   (2)  It consists of an attempt or conspiracy to commit the offense charged or to commit an offense otherwise included therein; or

   (3)  It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.

   e.   Submission of included offense to jury.  The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense. 

2C:1-6 Time limitations.

2C:1-6  Time limitations. 
2C:1-6.  Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.

(2)A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.

b.Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:

(1)A prosecution for a crime must be commenced within five years after it is committed;

(2)A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;

(3)A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;

(4)A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;

(5)(Deleted by amendment, P.L.2007, c.131).

c.An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.  Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

d.A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.

e.The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.

f.The limitations in this section shall not apply to any person fleeing from justice.

g.Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.

2C:1-5. Abolition of common law crimes; all offenses defined by statute; application of general provisions of the code; limitation of local government laws

2C:1-5.  Abolition of common law crimes;  all offenses defined by statute; application of general provisions of the code;  limitation of local government laws    a.  Common law crimes are abolished and no conduct constitutes an offense unless the offense is defined by this code or another statute of this State.

    b.  The provisions of subtitle 1 of the code are applicable to offenses defined by other statutes.  The provisions of subtitle 3 are applicable to offenses defined by other statutes but the maximum penalties applicable to such  offenses, if specifically provided in the statute defining such offenses, shall  be as provided therein, rather than as provided in this code, except that if  the non-code offense is a misdemeanor with a maximum penalty of more than 18  months imprisonment, the provisions of section 2C:43-1b shall apply.

    c.  This section does not affect the power to punish for contempt, either summarily or after indictment, or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

    d.  Notwithstanding any other provision of law, the local governmental units  of this State may neither enact nor enforce any ordinance or other local law or  regulation conflicting with, or preempted by, any provision of this code or  with any policy of this State expressed by this code, whether that policy be  expressed by inclusion of a provision in the code or by exclusion of that  subject from the code.

2C:1-4. Classes of offenses

2C:1-4.  Classes of offenses    a.  An offense defined by this code or by any other statute of this State, for which a sentence of imprisonment in excess of 6 months is authorized, constitutes a crime within the meaning of the Constitution of this State. Crimes are designated in this code as being of the first, second, third or fourth degree.

    b.  An offense is a disorderly persons offense if it is so designated in this code or in a statute other than this code.  An offense is a petty disorderly persons offense if it is so designated in this code or in a statute other than this code.  Disorderly persons offenses and petty disorderly persons  offenses are petty offenses and are not crimes within the meaning of the  Constitution of this State.  There shall be no right to indictment by a grand  jury nor any right to trial by jury on such offenses. Conviction of such  offenses shall not give rise to any disability or legal disadvantage based on  conviction of a crime.

    c.  An offense defined by any statute of this State other than this code shall be classified as provided in this section or in section 2C:43-1 and, except as provided in section 2C:1-5b and chapter 43, the sentence that may be imposed upon conviction thereof shall hereafter be governed by this code. Insofar as any provision outside the code declares an offense to be a misdemeanor when such offense specifically provides a maximum penalty of 6 months' imprisonment or less, whether or not in combination with a fine, such provision shall constitute a disorderly persons offense.

    d.  Subject to the provisions of section 2C:43-1, reference in any statute,  rule, or regulation outside the code to the term  "high misdemeanor" shall  mean crimes of the first, second, or third degree and reference to the term   "misdemeanor"  shall mean all crimes

2C:1-3. Territorial applicability

2C:1-3.  Territorial applicability.

a.Except as otherwise provided in this section, a person may be convicted  under the law of this State of an offense committed by his own conduct or the  conduct of another for which he is legally accountable if:

(1)Either the conduct which is an element of the offense or the result which is such an element occurs within this State;

(2)Conduct occurring outside the State is sufficient under the law of this  State to constitute an attempt to commit a crime within the State;

(3)Conduct occurring outside the State is sufficient under the law of this  State to constitute a conspiracy to commit an offense within the State and an  overt act in furtherance of such conspiracy occurs within the State;

(4)Conduct occurring within the State establishes complicity in the commission of, or an attempt, or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of this State;

(5)The offense consists of the omission to perform a legal duty imposed by the law of this State with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or

(6)The offense is based on a statute of this State which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the actor knows or should know that his conduct is likely to affect that interest.

b.Subsection a.(1) does not apply when either causing a specified result or a purpose to cause or danger of causing such a result is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result.

c.Except as provided in subsection g., subsection a. (1) does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the State which would not constitute an offense if the result had occurred there, unless the actor purposely or knowingly caused the result within the State.

d.When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a "result," within the meaning of subsection a.(1) and if the body of a homicide victim is found within the State, it may be inferred that such result occurred within the State.

e.This State includes the land and water, including the waters set forth in N.J.S.40A:13-2 and the air space above such land and water with respect to which the State has legislative jurisdiction.  It also includes any territory made subject to the criminal jurisdiction of this State by compacts between it and another state or between it and the Federal Government.

f.Notwithstanding that territorial jurisdiction may be found under this section, the court may dismiss, hold in abeyance for up to six months, or, with the permission of the defendant, place on the inactive list a criminal prosecution under the law of this State where it appears that such action is in  the interests of justice because the defendant is being prosecuted for an offense based on the same conduct in another jurisdiction and this State's interest will be adequately served by a prosecution in the other jurisdiction.

g.When the result which is an element of an offense consists of inflicting a harm upon a resident of this State or depriving a resident of this State of a benefit, the result occurs within this State, even if the conduct occurs wholly outside this State and any property that was affected by the offense was located outside this State.