In the state of New Jersey, traffic violations are assigned “points” by the Motor Vehicle Collision (MVC). These are designed to penalize drivers for unsafe behaviors. Accumulating points can lead to numerous undesirable outcomes, including license suspension. There is a parallel system used by insurance companies within the state. Authorized insurance eligibility points are listed in the N.J.A.C. 11:3-34 Appendix. The Schedule of Automobile Insurance Eligibility Points is also in the two tables below.
SCHEDULE 1
| NJSA Section | Offense | Points |
|---|---|---|
| 39:4-50 | Operating a motor vehicle under the influence of alcohol or drugs |
9 |
| 39:4-50.4 | Refusal to submit to a chemical test | 9 |
| 2C:11-2 | Vehicular homicide | 9 |
| 39:3-40 a through h and j |
Operating a motor vehicle while driving privilege is suspended |
9 |
| 39:6B-2 | Operating a motor vehicle without liability insurance | 9 |
| 39:6A-15 | Misrepresentation of insurance coverage | 9 |
| * | Each at-fault accident | 5 |
| * | For each full year of a court-imposed driver’s license
suspension within the preceding 3 years |
3 |
| * | For each full year within the immediately preceding 3 years that a person has not held a driver’s license |
1 |
| * | Involved in a fatal accident (EFTL 4; NFTL 2) | 4 / 2 |
| 39:3-37 | Obtaining a driver’s license or registration through deception | 5 |
| 39:3-38 | Make or use counterfeit plate or plates other than issued | 5 |
| 39:3-38.1 | Make, alter, or counterfeit driver’s license or registration | 5 |
| * | Failure to verify insurance involved in an automobile accident (FVIA) |
2 |
SCHEDULE 2
| NJSA Section | Offense | Points |
|---|---|---|
| 27:23-29 | Moving against traffic—New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway | 2 |
| 27:23-29 | Improper passing—New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway | 4 |
| 27:23-29 | Unlawful use of median strip—New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway | 2 |
| 39:3-20 | Operating construction vehicle in excess of 30 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 bike | 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 a safety zone | 2 |
| 39:4-52 & 39:5C-1 | 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 |
| 39:4-71 | 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 | 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 & 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 & 39:4-99 | Exceeding maximum speed: 1-14 mph over limit | 2 |
| 39:4-98 & 39:4-99 | Exceeding maximum speed: 15-29 mph over limit | 4 |
| 39:4-98 & 39:4-99 | 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 |
| 39:4-129 | Leaving the scene of an accident – Personal injury | 8 |
| 39:4-144 | Failure to observe “stop” or “yield” signs | 2 |
| 39:5D-4 | Moving violation out-of-state | 2 |
If you have been charged with a driving offense and are facing criminal sanctions, points on your license or insurance eligibility points, it is vital to speak with an experienced New Jersey criminal defense attorney. This is particularly true if you have been accused of DWI.
The consequences of a DWI conviction can be severe, especially for repeat offenders. With respect to insurance, it can greatly increase premiums. Getting a desirable outcome with such a case can have a big impact on your life and overall well-being.
This is where we can help. The New Jersey DWI attorneys at Beninato & Matrafajl are here to serve your needs. Whether you just have legal questions or are thinking about hiring an attorney, we are here for you. You can reach out to us anytime at 908-355-7100.
