Wednesday, March 13, 2013

Traffic Violations We Can Help With


New Jersey Traffic Defense Lawyers Discuss How Traffic Offenses Affect Your Driving Record

When we use the term “moving violation,” people generally think of getting a ticket for driving too fast.  While this is probably the most common reason people are stopped by police and highway patrol officers, it was reported that in 2010, more than 4 million traffic tickets were issued in Florida alone.
Speeding is only one type of moving violation.  Let’s explore the other categories that people generally don’t know about, along with the number of points will go on your driving record as a result:
39:3-20 Operating constructor vehicle in excess of 45 mph 3
39:3-38.1 Keep or exhibit forged, altered or counterfeited insurance registration or license card 2
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 and 39:4-92 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
39:4-98 and Exceeding maximum speed 1-14 mph over limit 2
39:4-99 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 a 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 out-of-state 2


How the Motor Vehicle Point System Works


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 State of New Jersey Motor Vehicle Commission (MVC) using a point systemhonored.
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?


  1. If you get six (6) or more points within three (3) years on your current driving record, you will be assessed a surcharge. [ Learn more... ]
  2. 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. [ Learn more... ]
  3. 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 a qualified online defensive driving course approved by MVC.
Successful completion of our State of New Jersey Motor Vehicle Commission (MVC) approved online defensive driving course will remove two (2) points from the accumulated points you currently have on your driver's license and you will also receive 5% auto insurance rate reduction for next three (3) years.
We urge you to do everything possible to keep points off your driving record, which means obeying all traffic laws, driving defensively and completing our State of New Jersey MVC approved online defensive driving course. Receive a two (2) point credit and 5% auto insurance rate reduction, and protect your driving privilege. 


The Point System


All moving violations have points attached to them. Most are two (2) to three (3) point violations (speeding, illegal turn, stop sign, etc). An excessive number of points on your official State of New Jersey Motor Vehicle Commission (MVC) driver record will result in your driving privileges being suspended or revoked resulting in fines and even imprisonment.

Here is a list of the most common violations and their point values:


Moving against traffic:
2 points
Improper passing:
4 points
Unlawful use of median strip:
2 points
Operating constructor vehicle in excess of 45 mph:
3 points
Operating motorized bicycle on a restricted highway:
2 points
More than one person on a motorized bicycle:
2 points
Failure to yield to pedestrian in crosswalk:
2 points
Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk:
2 points
Driving through safety zone:
2 points
Racing on highway:
5 points
Improper action or omission on grades and curves:
2 points
Failure to observe direction of officer:
2 points
Failure to stop vehicle before crossing sidewalk:
2 points
Failure to yield to pedestrians or vehicles while entering or leaving highway:
2 points
Driving on public or private property to avoid a traffic sign or signal:
2 points
Operating a motor vehicle on a sidewalk:
2 points
Failure to obey direction of officer:
2 points
Failure to observe traffic signals:
2 points
Failure to keep right:
2 points
Improper operating of vehicle on divided highway or divider:
2 points
Failure to keep right at intersection:
2 points
Failure to pass to right of vehicle proceeding in opposite direction:
5 points
Improper passing on right or off roadway:
4 points
Wrong way on a one-way street:
2 points
Improper passing in no passing zone:
4 points
Failure to yield to overtaking vehicle:
2 points
Failure to observe traffic lanes:
2 points
Tailgating:
5 points
Failure to yield at intersection:
2 points
Failure to use proper entrances to limited access highways:
2 points
Failure to yield to emergency vehicles:
2 points
Reckless driving:
5 points
Careless driving:
2 points
Destruction of agricultural or recreational property:
2 points
Slow speed blocking traffic:
2 points
Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction):
4 points
Exceeding maximum speed 1-14 mph over limit:
2 points
Exceeding maximum speed 15-29 mph over limit:
4 points
Exceeding maximum speed 30 mph or more over limit:
5 points
Failure to stop for traffic light:
2 points
Improper turn at traffic light:
3 points
Failure to stop at flashing red signal:
2 points
Failure to stop for police whistle:
2 points
Improper right or left turn:
3 points
Improper turn from approved turning course:
3 points
Improper u-turn:
3 points
Failure to give proper signal:
2 points
Improper backing or turning in street:
2 points
Improper crossing of railroad grade crossing:
2 points
Improper crossing of bridge:
2 points
Improper crossing of railroad grade crossing by certain vehicles:
2 points
Improper passing of school bus:
5 points
Improper passing of frozen dessert truck:
4 points
Leaving the scene of an accident – no personal injury:
2 points
Leaving the scene of an accident – personal injury:
8points
Failure to observe stop or yield signs:
2 points
Racing on highway:
5 points
Moving violation committed out-of-state:
2 points

Do points affect you?
  1. If you get six or more points within three years on your current driving record, you will be assessed a surcharge
  2. 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
  3. 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.
Deduction
Points
Restrictions
One year with no violations or suspensions
-3
Year begins on date of violation or most recent restoration
-2
May be used to subtract points once every five years
Driver Improvement Program
-3
May be used to subtract points once every two years
Probationary Driver Program
-3

These guidelines look pretty simple, but the reality is that every situation is unique and often complex, because of the specific facts and details involved in your particular case.  You can walk into a courthouse believing that your only option is to plead guilty and suffer the consequences.  Or you can contact us today for a free consultation, and let our years of experience and knowledge in traffic law assist you in this process.    

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