Speeding NJSA 39:4-98

Speeding is considered a serious traffic violation in New Jersey for failure to follow posted speed limits puts everyone on the roadway at risk of injury. If convicted of speeding in New Jersey, drivers face serious fines, points on their license, insurance premium surcharges and more. They are the most common type of traffic tickets issued in New Jersey, however, most of the time, multiple traffic tickets are issued in addition to the speeding ticket. Your driving privileges could be suspended or revoked resulting in fines and even imprisonment. The faster you go, the more points will be associated to your speeding ticket in NJ.

NJMVC Points for NJ Speeding Tickets:

1 to 14 MPH over speed limit = 2 points
15 to 29 MPH over speed limit = 4 points
30 MPH or more over speed limit = 5 points

In addition to points you may obtain on your license if you are convicted of speeding, you must also pay a fine. Under certain circumstances, the fines that attach to speeding tickets can be doubled, for example, when a driver is driving at least 20 mph over the speed limit, speeding where the limit is 65 mph, or speeding in a construction area. Certain violations can even result in a 15 day jail sentence and loss of license for 30-180 days.

Leaving the Scene of an Accident – NJSA 39:4-129

Leaving the scene of an accident is a very serious offense. New Jersey has two grades of offenses for leaving the scene of an accident. The first grade of offense is a traffic ticket, and the other grade is a criminal offense. Although the traffic ticket offense seems just like a speeding ticket, the penalties for leaving the scene of an accident in NJ can sometimes be worse than even the penalties for a DWI. A driver convicted of this offense faces significant collateral consequences. The charge can involve fines, license suspension, and even jail, depending on whether or not there was an injury involved and/or the extent of any property damage involved in the accident.

Ticket Offense -Penalties For Leaving the Scene of an Accident involving damages to any vehicle or property or minor personal injury charged as a ticket:

  • 1st Offense: Six months loss of license, and a fine of not less than $200.00 nor more than $400.00 and or up to 30 days imprisonment.
  • 2nd or subsequent offense: Six months loss of license, and a fine of $400.00 to $600.00 and imprisonment for not less than 30 days nor more than 90 days.
  • Also, the NJMVC will assess you 2 points for leaving the scene of an accident where there was no personal injury. Understandably, leaving the scene of an accident where someone was hurt is a far more serious offense, and the NJMVC will assess you 8 points for same.

Criminal Offense -Penalties For: Leaving the Scene of an Accident involving serious bodily injury or death:

  • 1st Offense: 3 to 5 years in jail with a presumptive term of 4 years and a fine of up to $15,000.00

Reckless Driving – NJSA 39:4-96

Reckless driving is treated as a very serious violation in the state of New Jersey. It is customarily charged as a companion to excessive speeding or drunk driving. Reckless driving is one of the New Jersey traffic violations with the most severe punishment. Often times a reckless driving traffic ticket is not given alone but given with other multiple serious tickets. This violation carries with it 5 points upon conviction, up to $200 fine or up to 60 days in jail for first offense and up to three months in jail for a second or subsequent offense. It is defined in NJSA 39:4-96 as “driving a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”

Reckless driving carries a much harsher penalty than a careless driving violation. With this violation, a person “knowingly” or “purposely” endangers himself and others on the road, while a careless driver is merely negligent without any bad intent.

Careless Driving NJSA 39:4-97

Careless driving is one of the most common traffic offenses in the state of New Jersey. Routinely, but not always, a careless driving ticket is issued to a driver who is deemed to be at fault for a motor vehicle accident. Under N.J.S.A. 39:4-97, a person who drives carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving. A person found guilty of this violation faces two motor vehicle and insurance points plus a fine.

Passing on Right NJSA 39:4-85

The law: N.J.S.A. 39:4-85 requires that when overtaking a vehicle a driver must go around to the left and not come back into the original lane until it is safe to do so to insure that the overtaken vehicle is not cut off. The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

Most of these tickets are issued when the vehicle is witnessed to go into the shoulder and pass a vehicle on the right or frequently a line of vehicles in traffic. A ticket for this violation will result in four points carried onto your license if convicted. If you are convicted of or plead guilty to Improper Passing on Right or Off Roadway, the Court has the discretion to imprison you up to 15 days in jail Additionally, the court may fine you anywhere from $50 to $200 .

Tailgating NJSA 39:4-89

Although tailgating may seem like a minor traffic offense, because it causes so many accidents it has become a very serious offense in the state of New Jersey. A tailgating traffic citation adds five points to your license and a penalty equal to that of reckless driving, drag racing, and driving 30 miles per hour over the posted speed limit. In addition, depending on the circumstances of your case, a tailgating offense could result in hundreds of dollars in fines, higher insurance costs, a suspended license, and even jail time. Although courts are not required to suspend a license following a conviction for following too closely, courts may exercise such discretion upon finding that the violation was willful.

The New Jersey tailgating law states: “The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.”

While the law does not specify a required distance between two cars, most agree that in ideal highway conditions a car should have one car length between vehicles for every 10 miles per hour the cars are traveling. For example, two cars traveling 60 miles per hour should have six car lengths between them.