Almost all persons that have been involved in plea negotiations with a prosecutor regarding a New Jersey incurred moving violation were advised of Unsafe Driving in violation of N.J.S. 39:4-97.2. As my previous blogs discussed, Unsafe Driving is an extremely expensive no point violation (unless it’s your third offense in a five year time period then it carries points). To get around the expensive unsafe driving downgrade, a defendant should request and argue for a downgrade to obstructing or delaying traffic in violation of N.J.S. 39:4-67. If the prosecutor permits such a downgrade then the defendant shall not incur any motor vehicle points and/or insurance eligibility points AND is only subject to a maximum fine of $50.00–that’s about 250.00 cheaper then a plea to Unsafe Driving.
