Vol. L · No. I FOL. XLIXArticles
Avery & Avery, Esqs. Ridgefield, NJ John S. Avery, Esq.
6 Points on Your NJ License — What Triggers Suspension
By John S. Avery, Esq.
Six points on a NJ driver’s abstract is the threshold where the Motor Vehicle Commission (MVC) can begin imposing point-based sanctions. Twelve points triggers a mandatory suspension. The point system is statutory — administrative, not court-driven — but it cascades from court convictions for moving violations. This post walks through the math.
NJ MVC point-system walkthrough. Not legal advice. Free consultation: (201) 943-2445.
The Point System
NJ assigns points to moving violations under N.J.A.C. 13:19. Examples:
- Speeding 1-14 mph over — 2 points (N.J.S.A. 39:4-98)
- Speeding 15-29 mph over — 4 points
- Speeding 30+ mph over — 5 points
- Reckless driving — 5 points (N.J.S.A. 39:4-96)
- Careless driving — 2 points (N.J.S.A. 39:4-97)
- Improper passing — 4 points
- Tailgating / following too closely — 5 points
- Failure to stop for stop sign — 2 points
- Failure to yield to pedestrian — 2 points
- Driving on the wrong side — 2 points
- Improper turn — 3 points
- Leaving the scene of an accident with injury — 8 points
- Leaving the scene of an accident with property damage — 2 points
Points accumulate on the abstract. Three years without a moving-violation conviction reduces points by three.
Suspension Triggers
The principal MVC sanctions:
6 Points
At 6 points, the MVC may impose a $150 surcharge under the Surcharge Program (separate from the conviction fines). Continuing accumulation triggers further sanctions.
12 Points
At 12 points within a moving period, the MVC issues a proposed suspension notice. The licensee can request an MVC administrative hearing under N.J.A.C. 13:19-10. Without relief, the suspension takes effect — typically a 30+ day suspension at the first 12-point threshold.
Higher Accumulations
Continued accumulation triggers longer suspensions and additional surcharge tiers.
Surcharges
Beyond points, certain convictions trigger annual surcharges under N.J.S.A. 17:29A-35:
- DWI conviction: $1,000/year × 3 years
- Driving-while-suspended conviction: $250/year × 3 years
- Operating without insurance: $250/year × 3 years
- 6+ points within 3 years: $150/year base + $25/point above 6
Surcharges are independent of the original fine and continue even after the points have been reduced.
Defense Strategies
The defense work on a moving-violation matter operates in two layers:
1. Avoid the Conviction
Through dismissal, amendment to a no-points alternative (N.J.S.A. 39:4-97.2 unsafe operation is the typical amendment), or trial on suppression / sufficiency.
2. Avoid the Surcharge Trigger
Where conviction is unavoidable, structuring the plea so it does not trigger the high-tier point assignment or the surcharge-trigger thresholds.
What Counts as a Moving Violation
Some Title 39 offenses are no-point (“non-moving”) violations. Examples:
- N.J.S.A. 39:4-97.2 — unsafe operation (typically 0 points, $50-150 fine)
- N.J.S.A. 39:3-29 — failure to exhibit documents (0 points)
- Equipment violations
- Parking violations
- Documentation violations
Defense plea-negotiation often targets these no-point alternatives where the original charge would carry 4-5 points.
How to Check Your Abstract
The NJ MVC issues abstracts on request through the Motor Vehicle Commission Driver History Abstract request, available online or by mail. The abstract shows:
- Current point total
- All convictions within the look-back period
- Any active surcharge balances
- License status (valid, suspended, revoked)
Frequently Asked Questions
How long do points stay on my abstract?
Points reduce by 3 after every 3 years without a moving-violation conviction. The conviction record itself remains on the abstract indefinitely (subject to limited expungement / sealing mechanisms).
What if I take a defensive driving course?
Voluntary completion of an approved defensive-driving course reduces points by up to 2 once every 5 years.
Will an out-of-state ticket count?
NJ is part of the Driver License Compact (N.J.S.A. 39:5D) — out-of-state moving violations may transfer to the NJ abstract depending on the violation type and the state’s reporting.
How do I challenge an MVC suspension?
N.J.A.C. 13:19-10 entitles the licensee to a hearing. Counsel can request and represent at the hearing.
Free Consultation
For NJ traffic defense:
- Call: (201) 943-2445
- Office: 559 Bergen Boulevard, 2nd Floor, Ridgefield, NJ 07657
- Online: Free consultation request