Vol. L · No. I FOL. XLIXArticles
Avery & Avery, Esqs. Ridgefield, NJ John S. Avery, Esq.
How Many Points Is a NJ Speeding Ticket Worth?
By John S. Avery, Esq.
A NJ speeding ticket’s point assignment depends on how far over the limit you were driving. Two points for a small overage, four points for a typical highway overage, five points for a substantial overage — plus mandatory enhancements in work zones and safe corridors. This post breaks down the math.
NJ speeding-points walkthrough. Not legal advice. Free consultation: (201) 943-2445.
The Standard Speeding-Points Schedule
Under N.J.S.A. 39:4-98 and N.J.A.C. 13:19:
- 1-14 mph over the limit: 2 points
- 15-29 mph over the limit: 4 points
- 30+ mph over the limit: 5 points
Plus the corresponding fine schedule. Fine amounts grow with the overage; surcharges and insurance-impact further compound the financial cost.
Work-Zone Enhancement
Speeding in a designated construction zone under N.J.S.A. 39:4-203.5 doubles the fine. The work-zone designation must be properly signed under DOT standards.
Safe-Corridor Enhancement
Speeding in a designated safe corridor under N.J.S.A. 39:4-203.5 also doubles the fine. Safe corridors include specified Garden State Parkway, NJ Turnpike, and Route 1 / 9 segments where pedestrian or accident frequency justifies the designation.
School-Zone Enhancement
Speeding in a school zone (specified time-of-day during school hours) under local ordinance frequently triggers a doubling.
Insurance Impact
The NJ Motor Vehicle Commission abstract reports the conviction to insurance carriers. Insurance companies use a separate internal-rating system in addition to the MVC point assignment; typical first-conviction speeding ticket can produce a 1-3 year premium uplift, with the magnitude depending on the carrier’s internal table.
Defenses
The traditional speeding defenses:
1. Radar / Lidar Foundation
Under State v. Wojtkowiak, **174 N.J. Super. 460 (App. Div. 1980)*, the State must lay a foundation: device certification, operator certification, calibration record, distance measurement.
2. Pacing Foundation
If the speed was measured by pacing, the patrol vehicle’s speedometer calibration is required, and the pacing distance and duration must be sufficient.
3. VASCAR / Aircraft Surveillance
Some highway speeding tickets are issued via VASCAR (timed distance) or aircraft observation. Each has its own foundation requirements.
4. Plea-Negotiated Amendment
The most common practical resolution: amendment to N.J.S.A. 39:4-97.2 unsafe operation — 0 points, modest fine, no surcharge trigger.
When Should I Hire a Lawyer?
For tickets at 4 or 5 points where the conviction would push the abstract over a surcharge threshold or trigger insurance impact, counsel pays for itself in many cases. For 2-point tickets without abstract pressure, self-representation is more common.
Frequently Asked Questions
What’s the difference between 4 and 5 points?
4 points starts at 15 mph over; 5 points starts at 30 mph over. The difference triggers different surcharge tier and a different insurance impact.
Will the points come off if I take a course?
Voluntary defensive-driving completion reduces points by up to 2 once every 5 years.
Does a speeding plea to “unsafe operation” go on my record?
Yes — the conviction appears on the abstract, but as a 0-point non-moving violation. Insurance carriers see the abstract.
Can I beat a speeding ticket if I had a lawyer?
In some cases. If the radar/lidar foundation is unavailable, if the officer is unavailable, or if the prosecutor agrees to amend, the original charge is rarely sustained.
Free Consultation
For NJ speeding and traffic defense:
- Call: (201) 943-2445
- Office: 559 Bergen Boulevard, 2nd Floor, Ridgefield, NJ 07657
- Online: Free consultation request