Understanding NJ License Suspensions

NJ Traffic lawyer

How many points before you lose your license?

License suspensions in New Jersey have serious consequences.

 If you get too many points on your license, your license may get suspended. However, you may be eligible to have points reduced by either waiting a period of time or enrolling in defensive driving course. 

Traffic violations are not only expensive, but they raise your insurance premiums.

We’ve published this article to help answer many of your questions regarding license suspensions.

How are points deducted?

License suspensions work under a “point system”. 

If you go one year (from the date of the most recent violation) without any points or violations, three points will be deducted from your license.

Once you order your driver history abstract, it is important to look at New Jersey’s Traffic violations “Point Schedule”.

Here you will be able to check the violations for your points. If there is a mistake and you don’t remember committing a certain NJ traffic violation, please call us.

How many points will suspend my driving privilege?

Every time you plead guilty or are convicted of a traffic violation, you may “get points”. 

Whether or not you get points depends on the type of traffic violation.

Your driving privileges will be suspended once you accumulate 12 or more points on your license.

In order to reinstate your license, you will be required to pay a restoration fee of $100.00. In addition to paying a “restoration fee”, you may have to appear for a hearing. Part of getting your license back involves the successful completion of an MVC managed Driver Improvement Program. There is also a fee for this program.

If i lose my license, can i get a work license in new jersey?

Unfortunately, New Jersey is one of the few states that does not offer a work license.

If you are facing a DWI/DUI, it is very important to fight your case. Convictions for drunk driving carry heavy penalties and lengthy license suspensions.

Will a DWI affect my employment?

Our NJ Traffic violation lawyers have written an entire article on this subject.

Check it out: DWI Convictions Affect Employment In Limited Ways

points i already have?

If you’re unsure how many points you have on your license, you may request a certified copy of your driver history abstract (driver record) online, send a request through the mail; or you may visit a full-service motor vehicle agency.  

We’ve made things easy for you.
Here’s the complete Application for Driver History Abstract (Form DO-21).

A $15 fee will apply for each record request.

points i'm facing?

NJSA Section
Offense
Points
All roads and highways
39:3–20
Operating constructor vehicle in excess of 45 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 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* (Red Light Camera- 0 pts.)
2
*No points assessed for red light camera violation
0
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
39:4–91–92
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
39:4–97.2
Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)
4
39:4-97.3
Use of a handheld cellphone or electronic communication device while driving
3 Points are assessed against 3rd offense occurring within 10 years of a second offense and all subsequent offenses thereafter.*
3
39:4–98
Exceeding maximum speed 1-14 mph over limit
2
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 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 committed out-of-state
2
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How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.