FOL. IIITraffic & Municipal
N.J.S.A. Title 39 (Motor Vehicles & Traffic Regulation)
Traffic & Municipal
CDL violations · reckless driving · point-reduction · plea-reformation in every municipality we touch.
A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both. — N.J.S.A. 39:4-96.
Statute text reproduced for educational reference. Verify against the official New Jersey Legislature publication before relying on any citation in legal proceedings.
Bergen · Hudson · Essex · Passaic · Morris · Sussex Municipal Courts
Avery & Avery, Esqs. is a premier NJ traffic ticket defense practice covering every Title 39 motor-vehicle offense — speeding, careless and reckless driving, suspended-license, leaving the scene, and the full calendar of moving violations. Most matters are heard in the municipal court of the municipality of the stop, on a calendar Robert W. Avery presided over for fifteen years as Judge of the Ridgefield Municipal Court. Our standard engagement is a flat fee per ticket, with the goal of a plea down to a no-points / non-moving violation wherever the prosecutor’s office allows.
If you have been ticketed in Bergen, Hudson, Essex, Passaic, Morris, or Sussex County, call (201) 943-2445 — most traffic tickets are worth the consultation.
Why Hire a Traffic Lawyer in NJ
The headline number on a NJ traffic ticket — the fine — is rarely the real cost. The real cost runs through:
- MVC points under N.J.A.C. 13:19-10.1 — points stay on your record for 3 years and aggregate quickly into license-suspension exposure
- Insurance surcharges — most carriers re-rate at the next renewal cycle; a 4-point conviction can cost thousands over 3 years of premium uplift
- NJ MVC surcharges under N.J.S.A. 17:29A-35 — the state’s separate surcharge program for excess points and certain violations
- CDL disqualification — federal disqualification triggers under the FMCSA framework; a single serious traffic violation in a commercial vehicle can disqualify a CDL for 60 days
- Employment / background-check exposure — careless driving, reckless driving, and any offense involving impairment surface in routine background checks
For most ticketed drivers, the right outcome is a plea to a non-moving violation (e.g., N.J.S.A. 39:4-67 “obstruction of passage” or a no-point parking-lot adjacent ordinance) that closes the matter without the points-and-surcharge cascade.
Common NJ Traffic Charges
Speeding — N.J.S.A. 39:4-98
The default speed-limit statute. NJ has a graduated point schedule based on speed over the limit:
- 1-14 mph over: 2 points
- 15-29 mph over: 4 points
- 30+ mph over: 5 points
Speed-trap and radar-calibration challenges are routine; the prosecutor’s office often agrees to plea down to N.J.S.A. 39:4-97 careless driving (2 points) or below depending on the prosecutor and the driver’s record. Read more →
Reckless Driving — N.J.S.A. 39:4-96
A more serious moving violation: 5 points + up to 60 days jail + up to $200 fine + suspension exposure. Reckless driving reads on the abstract as a quasi-criminal offense and surfaces in employment background checks. The ordinary defense angle is plea-down to careless driving (N.J.S.A. 39:4-97). Read more →
Careless Driving — N.J.S.A. 39:4-97
The everyday “you didn’t drive carefully” charge. 2 points; modest fine; ordinarily plea-able to a non-moving violation. Read more →
Driving While Suspended — N.J.S.A. 39:3-40
A graduated offense: tier-1 fine-only for first-time non-DWI suspension, tier-2 with custodial exposure for second offenses or DWI-related suspensions, tier-3 with mandatory minimum jail for repeat offenders or driving on a DWI suspension. Read more →
Leaving the Scene — N.J.S.A. 39:4-129
Failure to remain at the scene of an accident. Property-damage-only leaving-the-scene is a Title 39 traffic offense; bodily-injury leaving-the-scene escalates into the Title 2C indictable bracket. Read our blog post on leaving the scene in NJ →
CDL Traffic Violations
CDL holders face federal disqualification thresholds independent of NJ point loss. A single “serious traffic violation” while operating a commercial vehicle (excessive speeding 15+ over, reckless driving, improper lane changes) can disqualify a CDL for 60 days; two within three years for 120 days. Read more →
NJ Point Schedule and Surcharge Math
The NJ MVC point system (N.J.A.C. 13:19-10.1) is what makes traffic tickets expensive in the long run:
- 6 points in 3 years: mandatory MVC surcharge of $150 + $25 per additional point
- 12 points cumulative: automatic license suspension review
The surcharge under N.J.S.A. 17:29A-35 runs for 3 years per qualifying violation. A single 4-point speeding ticket with careless driving stacking can produce $1,000+ in surcharges alone — before insurance impact. Read our blog post on NJ DMV surcharges →
How We Work a Traffic Ticket
The standard sequence:
- Free consultation — read the ticket, the issuing officer’s incident report (where available), and the driver’s MVC abstract
- Discovery request — under R. 7:7-7 for any documented evidence (radar calibration, dash-cam if any)
- Pre-trial conference with the municipal prosecutor — the plea-negotiation moment
- Disposition — plea down to non-moving where possible; trial where the prosecutor will not move and the defense theory supports it
Most matters resolve in 60-120 days from ticket to disposition.
Where We Practice
We appear in every Bergen, Hudson, Essex, Passaic, Morris, and Sussex County municipal court. Robert’s fifteen years on the Ridgefield bench gave us extensive working knowledge of the prosecutorial norms in north-NJ municipal practice. Bergen County traffic →
Schedule a Free Consultation
For a free first consultation, call (201) 943-2445 or submit through the form. For our traffic fee structure, see the fees page — most tickets run on a flat fee per matter.
Frequently asked questions
General educational answers. Every matter has facts that change the analysis — for advice on your situation, call the firm.
How does the New Jersey points system work?
New Jersey assigns points to most moving violations under N.J.A.C. 13:19-10.1. Six or more points within three years triggers a $150 surcharge plus $25 per additional point. Twelve or more current points triggers a license suspension hearing. Points are assessed against your driving record and remain visible on the abstract; however, three points are deducted from your active point total for each year of violation-free driving (with a one-time three-point reduction available after attending a state-approved Defensive Driving Course).
Is it worth fighting a speeding ticket?
For a single first-time minor speeding violation the math sometimes favors paying the fine, but the surcharge, insurance points, and downstream license-exposure consequences usually make a plea negotiation worthwhile — especially for CDL holders, drivers within striking distance of suspension, or drivers facing a 1- to 14-mph reduction that materially changes the surcharge band.
Will points from another state appear on my New Jersey record?
Through the Driver License Compact (N.J.S.A. 39:5D-1 et seq.) and the Non-Resident Violator Compact, most out-of-state moving violations are transmitted to the home state. New Jersey adds most transmitted out-of-state moving convictions to the driving abstract but does not automatically assess NJ points for routine moving violations — point assessment is generally reserved for serious offenses such as out-of-state DWI or refusal. CDL holders are subject to additional federal reporting under 49 C.F.R. § 384.226.
I have a CDL — how is my case different?
Federal regulations (49 C.F.R. Part 383) prohibit "masking" of CDL convictions — a CDL holder cannot accept a non-conviction disposition like supervised release or expungement to avoid the conviction-on-the-abstract requirement. Plea negotiation must therefore preserve the underlying record while reducing the substantive offense.
Can a reckless-driving charge become a criminal record?
Reckless driving under N.J.S.A. 39:4-96 is a Title 39 offense, not a criminal conviction under Title 2C, so it does not create a criminal record. It does carry up to 60 days county jail and substantial points. Aggressive reckless driving (N.J.S.A. 39:4-96.2) is a separate offense with steeper penalties.