MUNICIPAL COURT
A. Driving Under the Influence of Alcohol/Drugs
New Jersey DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) arrests are highly serious matters. The penalties for a conviction can be devastating. The license suspension alone ranges from a mandatory 3 month to 12 month suspension for a first offense to 10 years for a third or subsequent offense. Each conviction may subject an individual to incarceration in the county jail – up to 30 days for a first offense; up to 90 days for a second offense; and a mandatory 180 days for a third or subsequent offense.
An experienced DUI/DWI attorney can lead you through the complex issues involved in the process including analyzing the police reports and other evidence from the pending prosecution to ensure that your legal rights are protected and reviewing your driving history to determine if relief is available to you from any prior convictions.
B. Driving with No Insurance
New Jersey law requires that every motor vehicle registered or principally garaged in the State of New Jersey is covered by motor vehicle liability insurance. The owner and/or operator of such a vehicle are subject to severe penalties if the vehicle is being operated without liability insurance. Those penalties are fines of not less than $300 nor more than $1,000, community service and a 1 year license suspension for a first conviction. The penalties for a second or subsequent conviction are fines of up to $5,000, 14 days in jail, 30 days of community service and at least a two year license suspension.
C. Driving with a Suspended License
In order to legally operate a motor vehicle in New Jersey an individual must have a valid New Jersey driver’s license or permit or a valid driver’s license from that individual’s state or country of residence at the time of operation. New Jersey law imposes stiff penalties upon an individual who operates a motor vehicle while his driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked. Depending upon the number of prior convictions for Driving with a Suspended License the fines range from $500 to $1000, up to 6 months additional license suspension and 10 days in jail.
Additional penalties, including substantial periods of incarceration will be imposed if the reason for the suspension is a DUI/DWI, Refusal to Submit to Breath Test, Driving with No Insurance, or if you are involved in a motor vehicle accident and someone is injured.
D. Miscellaneous Traffic Offenses-Points
Most moving violations, whether they occur in New Jersey or out of state result in points being assessed on your Driver's Abstract. Those points are use to determine insurance rates, Motor Vehicle Commission surcharges and possible suspensions of your driver's license. Below is a list of the most common moving violations and the number of points that will be assessed for each violation.
|
Statute Number
|
Offense
|
Points
|
|
N.J.S.A. 39:4-81
|
Failure to observe traffic signals
|
2
|
|
N.J.S.A. 39:4-82
|
Failure to keep right
|
2
|
|
N.J.S.A. 39:4-85
|
Improper passing on right or off
|
4
|
|
|
Roadway
|
|
|
N.J.S.A. 39:4-85.1
|
Wrong way on a one-way street
|
2
|
|
N.J.S.A. 39:4-86
|
Improper passing in no passing zone
|
4
|
|
N.J.S.A. 39:4-88
|
Failure to observe traffic lanes
|
2
|
|
N.J.S.A. 39:4-89
|
Tailgating
|
5
|
|
N.J.S.A. 39:4-96
|
Reckless driving
|
5
|
|
N.J.S.A. 39:4-97
|
Careless driving
|
2
|
|
N.J.S.A. 39:4-97.2
|
Driving in an unsafe manner (points
|
4
|
|
|
only assessed for the third or
|
|
|
|
subsequent violation(s) within a
|
|
|
|
five year period)
|
|
|
N.J.S.A. 39:4-98
|
Speeding 1-14 mph over the limit
|
2
|
|
|
Speeding 15-29 mph over the limit
|
4
|
|
|
Speeding30mph or more over the limit
|
5
|
|
N.J.S.A. 39:4-115
|
Improper turn and traffic light
|
3
|
|
N.J.S.A. 39:4-123
|
Improper right or left turn
|
3
|
|
N.J.S.A. 39:4-124
|
Improper turn from approved turning course
|
3
|
|
N.J.S.A. 39:4-126
|
Failure to give proper signal
|
2
|
|
N.J.S.A. 39:4-128.1
|
Improper passing of school bus
|
5
|
|
N.J.S.A. 39:4-129
|
Leaving the scene of an accident
|
|
|
|
No personal injury
|
2
|
|
|
Personal injury
|
8
|
|
N.J.S.A. 39:4-144
|
Failure to observe "stop" or "yield"
|
2
|
|
|
Signs
|
|
|
N.J.S.A. 39:5D-4
|
Moving violation Out-of-State
|
2
|
The Municipal Court Department at Hoffman DiMuzio is comprised of dedicated professionals who understand the severity of the charges and the ramifications that follow from a conviction. Most of the attorneys in the Municipal Court Department are former Municipal Court Prosecutors with years of experience handling these types of cases. The attorney handling your case will personally discuss your case with you to insure that you are satisfied that he or she is aware of all of the facets that make your case unique and that you are receiving the best possible result. Call us at 856-694-0306 or toll free at 1-866-719-1601 for a free initial consultation.
