TRAFFIC VIOLATIONS &

                New Jersey DMV 

             ADMINISTRATIVE     

                    HEARINGS

 

At one time or another, most motor vehicle drivers have been stopped by local or state police for a motor vehicle violation. Does this sound familiar? You are driving home from work to pick up your daughter from day care and you did not notice the stop light was yellow/amber as you crossed the intersection. A police cruiser pulls out behind you and then you notice his red and blue emergency lights go on…Uh oh, I am going to get a ticket.

 

I received a traffic ticket? Now what do I do?

 

It is important that you understand that all traffic violations can seriously affect your ability to drive, your insurance rates, and your driving record. You have a decision to make. You or an attorney will need to contact the municipal court to advise them of your original plea of guilty or not guilty.

 

What if I plead guilty?

 

If you plead guilty as your original plea, you will pay a fine to the court; receive the points specific to the violation; and never get a chance to speak with the municipal prosecutor to possibly negotiate a lesser violation or zero NJ DMV points.

 

What if I plead not guilty?

 

If you plead not guilty as your original plea, you will get the opportunity to speak with the municipal prosecutor and arrange a downgrade of your violation. After speaking with the prosecutor, you will have another opportunity to either plead guity to the original or amended charge or plead not guilty. If you choose not guilty, here, then you will go to trial.

 

What if I accumulate a lot of traffic tickets?

 

The accumulation of traffic tickets can result in you paying large fines to the court, surcharges to motor vehicle, and even a loss of your driving privileges, if not handled appropriately. The Law Offices of Christopher J. Grace, Esq., LLC, have represented thousands of clients throughout the State of New Jersey, defending people with virtually all traffic violations from Speeding Tickets to Driving with a Suspended License, to Driving While Intoxicated (DWI). Our Municipal Court and Traffic Violation attorneys can help you too!

 

At the Law Offices of Christopher J. Grace, Esq., LLC, our Middlesex County traffic violation lawyers are greatly knowledgeable of the NJ Traffic Code, Title 39 and can often reduce the points associated with your ticket and many times our clients receive ZERO points in court when they are eligible. Below is a list of common moving violations in New Jersey that carry points which our traffic ticket lawyers can typically downgrade when we go to court:

 

What are the New Jersey violations and their related DMV points?

 

Violation & Statutes	Points
N.J.S.A. 39:4-35 Failure to yield to pedestrian in crosswalk	2 points
N.J.S.A. 39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk	2 points
N.J.S.A. 39:4-41 Driving through safety zone	2 points
N.J.S.A. 39:4-50 Driving while Intoxicated	Suspension; possible jail
N.J.S.A. 39:4-52 Racing on Highway	5 points
N.J.S.A. 39:4-55 Improper action or omission on grades and curves	2 points
N.J.S.A. 39:4-57 Failure to observe directions of officer	2 points
N.J.S.A. 39:4-66 Failure to stop before crossing sidewalk	2 points
N.J.S.A. 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway	2 points
N.J.S.A. 39:4-66.2 Driving on private property to avoid traffic signal or stop sign	2 points
N.J.S.A. 39:4-71 Improper driving on sidewalk	2 points
N.J.S.A. 39:4-80 Failure to obey direction of officer	2 points
N.J.S.A. 39:4-81 Failure to observe traffic signal	2 points
N.J.S.A. 39:4-82 Failure to keep right	2 points
N.J.S.A. 39:4-82.1 Improper operating of vehicle on divided highway or divider	2 points
N.J.S.A. 39:4-83 Failure to keep right at intersection	2 points
N.J.S.A. 39:4-84 Failure to pass right of vehicle proceeding in opposite direction	5 points
N.J.S.A. 39:4-85 Improper passing on right or off roadway	4 points
N.J.S.A. 39:4-85.1 Wrong way on one-way street	2 points
N.J.S.A. 39:4-86 Improper passing, in "No Passing" zone	4 points
N.J.S.A. 39:4-87 Failure to yield to overtaking vehicle	2 points
N.J.S.A. 39:4-88 Failure to observe traffic lanes	2 points
N.J.S.A. 39:4-89 Tailgating	5 points
N.J.S.A. 39:4-90 Failure to yield at intersection	2 points
N.J.S.A. 39:4-90.1 Failure to use proper entrances to limited access highway	2 points
N.J.S.A. 39:4-96 Reckless driving	5 points
N.J.S.A. 39:4-97 Careless driving	2 points
N.J.S.A. 39:4-97a Destruction of agricultural or recreational property	2 points
N.J.S.A. 39:4-97.1 Slow speed blocking traffic	2 points
N.J.S.A. 39:4.97.2 Unsafe driving (third offense only)	4 points
N.J.S.A. 39:4-98 Speeding– 2 to	5 points
N.J.S.A. 39:4-105 Failure to stop at traffic light	2 points
N.J.S.A. 39:4-115 Improper turn at traffic light	3 points
N.J.S.A. 39:4-119 Failure to stop at flashing red signal	2 points
N.J.S.A. 39:4-122 Failure to stop for police whistle	2 points
N.J.S.A. 39:4-123 Improper right or left turn	3 points
N.J.S.A. 39:4-124 Improper turn: from approved turning course	3 points
N.J.S.A. 39:4-125 Improper u-turn	3 points
N.J.S.A. 39:4-126 Failure to give proper signal	2 points
N.J.S.A. 39:4-127 Improper backing or turn in street	2 points
N.J.S.A. 39:4-127.1 Improper crossing of railroad grade crossing	2 points
N.J.S.A. 39:4-127.2 Improper crossing of bridge	2 points
N.J.S.A. 39:4-128 Improper crossing of railroad grade crossing by certain vehicles	2 points
N.J.S.A. 39:4-128.1 Improper passing of school bus	5 points
N.J.S.A. 39:4-128.4 Improper passing of frozen dessert truck	4 points
N.J.S.A. 39:4-129b Leaving scene of accident- No injuries N.J.S.A. 39:4-129c N.J.S.A. 39:4-129d	2 points 2 points 2 points
N.J.S.A. 39:4-129a Leaving scene of accident - Personal Injury	8 points
N.J.S.A. 39:4-144 Failure to observe of stop or yield signs	2 points

 

 

I have a CDL (Commercial Drivers License), how do traffic tickets affect me?

 

Attention Commercial Drivers!!! As you know, in order to keep your CDL and livelihood; you must maintain a clean driving record and keep your driving privileges in good standing. In most traffic violations, the State of New Jersey has codified punishments that are more severe, than for the average driver without a CDL. It is important that you choose an attorney who has successfully defended CDL drivers. Whether you face a minor traffic violation or a more serious alcohol-related charge, Mr. Grace will author the appropriate defense to address your situation, while keeping in mind the importance of your license to your livelihood.

 

How will traffic tickets affect my NJ Drivers' License?  What if I am an out-of-stater? (i.e. Pennsylvania driver, New York driver)

 

Whether you are a New Jersey driver or out of state driver, the Department of Motor Vehicles (DMV) tracks your driving behavior by adding points to your record when you are convicted of a Moving Violation in New Jersey. For out of state drivers most traffic violations from New Jersey will be reported to your home state or your driver’s license’s state of origin. It is up to your home state to assess any penalties to your driving record. However, understand the more serious the violation, the more points that may be assessed, which remain on your driving record for a period of time. Up to three points will be reduced from your point total for every year of safe driving (no violations or suspensions), IF you are a NJ licensed driver. But your point total will never be reduced below zero.

 

Points are subtracted one year after:

• your last point violation; or

• your license was restored; or

• the last time annual safe driving points were reduced from your record; or

• After you complete an DMV driver improvement program, offered to problem drivers selected by DMV Credit is given for a maximum of one program every two years.

 

Some traffic violations have more severe consequences, then just receiving points. Some violations can include fines up to $1,500.00, loss of license, and jail time. At the Law Offices of Christopher J. Grace, Esq., LLC, oue traffic lawyers regularly handle traffic and municipal court cases. Our clients will benefit from our experience and knowledge of the defenses and strategies we regularly use to obtain optimum results. More serious offenses can typically be downgraded to something much less serious.

 

What if I am DRIVING WITH A SUSPENDED DRIVER’S LICENSE OR UNLICENSED DRIVER?

 

Unfortunately, a suspended driver’s license is a punishment that the judge may employ when some of the most severe violations have been performed or the law mandates such penalty. If you have been charged with driving with a suspended license, whether it be because of a court-ordered suspension, or DMV imposed suspension, you could be faced with extended suspensions and even jail time. For example, if you are convicted of driving on the suspended or revoked list on more than one occasion, the court must sentence you to jail for a period of time. The period of incarceration will depend on the number of prior convictions. Enhanced penalties also apply to DWI. Our municipal court lawyers are well-versed in defending against suspensions and can ensure that the best possible result will always be sought.

 

What are NEW JERSEY DMV ADMINISTRATIVE HEARINGS?

(TIME IS OF THE ESSENCE!!!)

 

In some instances, clients receive letters of suspension from the Division of Motor Vehicles due to receiving 12 points or more on their record. Driving while already on an administrative suspensions. TIME IS OF THE ESSENCE!!! Most of these letters inform a driver that he will be suspended for a finite amount of time, possibly, 30 days; 90 days; or even 360 days. You can challenge this suspension, however, a defense letter to challenge the suspension or mitigate your damages must be sent before the date of suspension indicated on your DMV letter. In addition, the Law Offices of Christopher J. Grace, Esq., LLC can often stay your suspension until a hearing is concluded. Often suspensions are reduced substantially and when applicable some suspensions are vacated.

 

The Law Offices of Christopher J. Grace, Esq., LLC, routinely represents individuals and businesses (CDL employers) charged with motor vehicle violations in Municipal Courts throughout New Jersey. The primary goal is to fight for our clients and get the most favorable outcome for them. Our attorneys will plea bargain with the prosecutor to dismiss violations and/or downgrade a charge to a less serious offense or go to trial; the goal of the Law Offices of Christopher J. Grace, Esq., LLC is to provide professional service and best reasonable outcome to our clients. Moreover, we will save you time and money in court, so you avoid costly surcharges that may be assessed by the NJ DMV for three consecutive years; and decrease your insurance rates.

 

Christopher J. Grace, Esq., has represented thousands of individuals charged with a variety of Traffic Offenses under New Jersey Statute, Title 39.

 

Our traffic ticket attorneys can represent you throughout the entire state of New Jersey, including the Counties of Atlantic, Burlington, Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union and Warren.