Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Thursday, September 25, 2014

Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses


This schedule contains only those motor vehicle offenses that have statutory minimum fines and penalties or those that contain a specified range of minimum/maximum fines and penalties. Motor vehicle offenses that contain only maximum penalties are not included on this list. This chart is designed for quick reference and does not contain every sentencing nuance. Therefore, it is recommended that judges always consult the applicable statute before imposing any sentence. The listed fines do not include court costs. Accordingly, remember to add court costs, up to a maximum of $30.00 (before September 1, 2004) or $33.00 (on or after September 1, 2004), to the appropriate fine. The listed fines also do not include the amount assessed for fines established at N.J.S.A. 39:5-41. As of the date of this chart, the total additional assessments under N.J.S.A. 39:5 41 are $6.00, but reference should be made to this statute to determine the correct amount at the time of sentencing.

Traffic Fines, Points and Jail

39:3-9a Failure to notify change in name 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500

39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500

39:3-10 Driving without a license where offender has never been licensed in N.J. or elsewhere Fine or imprisonment for not more than 60 days and $200 no license to issue for at least 180 days $500

39:3-10.18(a) Failure to possess valid commercial driver’s license Fine or imprisonment up to 60 days, or both $250 $500

39:3-10.18(b) Driving a commercial vehicle after driver's license has been suspended

1) Fine or imprisonment up to 90 days, or both none

2) If accident with personal injury to another occurs while violating this section, 90 days imprisonment, $5000 fine and suspension of commercial driving privileges in accordance with N.J.S.A. 39:3-10.20(f) $5000

39:3-10.24 Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to N.J.S.A. 39:3-10.13 First offense: Fine and six month revocation of $250 driver's license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50 $500 39:3-10.24 Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to N.J.S.A. 39:3-10.13 Subsequent offense: Fine and 2 year revocation of $250 driver's license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50 $500

39:3-12 Illegal securing of driver’s license Fine or imprisonment for not less than 30 days nor $200 more than 90 days, or both $500

39:3-13.2a Violation of conditions of the special learner's permit, other than conviction of alcohol or drug related offense 39:3-13.8 $100 $100

39:3-20 Weight in excess of limitation permitted by certificate of registration for commercial vehicles Plus $100 per 1000 lbs. or fraction thereof of excess $500 weight none

39:3-20.1 Misuse of registration of empty trucks 39:3-20.2 Fine and suspension or revocation of the privilege $25 $100

39:3-27.11 Misuse of fire department or first aid squad plates 39:3-27.12 $25 $50

39:3-27.17 Misuse of disabled veteran plates 39:3-27.18 $25 $50

39:3-27.21 Misuse of commuter van plates 39:3-27.22 $25 $50

39:3-27.27 Misuse of street rod plates $25 $50

39:3-29 Failure to exhibit documents $150 $150

39:3-35 Lending or misusing registration certificate or plates $25 $50

39:3-37 Falsifying application on examination Fine or imprisonment for not more than 6 months, or
both $200 $500

39:3-38 Counterfeiting plate or marker Fine or revocation of driver’s license not exceeding 6 months $50 $100

39:3-38 Using other than issued marker $25 $50

39:3-38 Using counterfeit plate Fine or revocation of driver's license not exceeding 6 months, or both $50 $100

39:3-40 Driving when license refused, suspended, revoked or prohibited (See article at njlaws.com)

39:3-70.2 Air pollution $25 $100

39:3-76.2a Restraint or booster seat for child under age 8 Fine shall be suspended if defendant can prove possession and use of approved restraint 39:3-76.2d $10 $25

39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20

39:3-76.5 Failure to equip motorcycles with permanent seat and footrests for passenger $50 $100

39:3-79.8 Prohibition of supplying fuel to vehicle without label First offense (penalty may be collected in accordance with N.J.S.A. 2A: 58-10 et seq.)$25 $25 Subsequent offense (penalty may be collected in accordance with N.J.S.A. 2A:58-10 et seq.) $50 $50

39:3-80 Vehicle with inferior tires First offense $50 $100 Subsequent offense $100 $200

39:3-81 Tires fitted with projections (penalty may be collected in accordance with N.J.S.A. 2A:58-10 et seq.) $25 $50

39:3-84.3(i) Violation of dimensional limitations $150 $500

39:3-84.3(j) Violation of weight limitations Fine an amount equal to $0.02 per pound for each $50 pound of the total excess weight provided the total excess weight is 10,000 Ibs. or less, or shall be fined an amount equal to $0.03 per pound for each pound of the total excess weight provided that the total excess weight is more than 10,000 lbs., but in no event should the fine be less than $50

39:3-84.3(l) Violation of designated routes First offense none $400 Second offense $700 $700 Subsequent offense $1000 $1000

39:3B-25 School bus driver using cell phone $250 $500

39:4-14.10 Electric personal assistive mobility device violations 39:4-14.11 First offense: Warning No Fine 39:4-14.10 39:4-14.11 Second offense $10 $10 39:4-14.10 Third or subsequent offense, requires court to none impound the device for not more than 30 days. A person who fails to comply with the requirements governing warning notices shall be fined not more than $100 for each violation.

39:4-48 Operating or using a vehicle without consent of owner $100 minimum

39:4-49 Tampering with vehicle First offense $10 $50 Subsequent offense: Fine or imprisonment not
exceeding 30 days, or both $50 $100

39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous substance- Fine and 2 years suspension of driver's license $50 Plus MVC/DMV restitution fee; plus additional car insurance eligibility points.

39:4-50 Operating under the influence (See DWI article at njlaws.com)

39:4-50.4a Refusal to undergo breathalyzer test (See Refusal article at njlaws.com)

39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .08% and
is under the legal age to purchase alcoholic beverages Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A. 39:4- 50, or any other law
39:4-51a Consumption of alcoholic beverage by operator passenger First offense $200 $200 Second or subsequent offense: Fine or 10 days community service $250 $250

39:4-51b Possession of open container of alcohol in passenger compartment First offense $200 $200 Subsequent offense: Fine or community service for 10 days $250 $250

39:4-52 Racing on highway First offense $25 $100 Subsequent offense $100 $200 5 DMV points, 5 car insurance points

39:4-53 Leaving vehicle with engine running $10 $25

39:4-56.1 Willful abandonment of motor vehicle to obstruct traffic Fine and suspension of driver’s license not less than 1 year nor more than 5 years $200 $500 Subsequent offense: Fine and suspension of driver's license for 5 years $500 $1000

39:4-56.5 Abandonment of motor vehicle First offense: Fine and license or driving privileges may be suspended or revoked for not more than 2 years $100 $500 Subsequent offense: Fine and license or driving privileges may be suspended or revoked for a period of not more than 5 years $500 $1000

39:4-56.8 Failure of towing service to tow disabled vehicle $25 $50

39:4-63 Placing, throwing, or depositing injurious substances on highway Fine and may forfeit right to operate a motor vehiclefor 30 days $100 $500

39:4-64 Throwing or dropping debris from a vehicle $200 $1000

39:4-66.2 Operation of motor vehicle on public or private property to avoid traffic signal Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three year

39:4-76 Driving overweight vehicle on interstate bridge $0.02 per pound for each pound of excess weight if the excess does not exceed 10,000 pounds, and $0.03 per pound for each pound of excess weight if the excess weight exceeds 10,000 pounds, but in no event less than $50.00. In addition, the owner of the vehicle shall be responsible for damages to the bridge $50 none

39:4-77.1 Snow or ice falling off moving vehicle- noncommercial vehicle $200 $1000

39:4-77.1 Snow or ice falling off moving vehiclecommercial vehicle $500 $1500

39:4-80 Failure to obey directions of officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years

39:4-81 Failure to obey traffic control device 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years

39-:4-82 Failure to keep right 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years

39:4-82.1 Failure to drive on right-hand roadway 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years

39:4-83 Failure to keep to right at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years

39:4-84 Failure to pass to right when proceeding in opposite direction Fine or imprisonment not exceeding 15 days, or both $50 $200 5 MVC/DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

39:4-85 Failure to pass to left when overtaking Fine or imprisonment not exceeding 15 days, or both $50 $200 4 MVC/DMV points and 4 additional car insurance points. Also, Judge/Magistrate can suspend Driver's license.

39:4-85.1 Wrong way on one-way street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points, usually for three years.

39:4-86 Failure to overtake and pass properly 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 4 MVC/DMV points and 4 additional car insurance points.

39:4-87 Failure to give overtaking vehicle right of way 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-87.1 Failure to yield to bus Fine or imprisonment not exceeding 15 days, or both (effective 8/1/04)39:4-203 $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-88 Failure to drive properly in marked lanes 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-89 Following vehicle too closely 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 5 MVC/DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

39:4-90 Failure to yield right of way at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-90.1 Entering or leaving limited access highways improperly 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-91 Failure to yield right of way to emergency vehicles 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely

39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-92.1 Following fire department vehicle too closely back to fire station 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-94 Train unnecessarily blocking highway 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60 days, or both $50 $200 Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or both $100 $500 5 MVC/DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

39:4-97 Careless driving 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 2
MVC/DMV points and 2 additional car insurance points.

39:4-97a Motor vehicle operation causing property damage 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-97.1 Slow speed as to block traffic 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons or property First offense; $250 surcharge (for offenses occuring on or after July 1, 2004) $50 $150 Second offense; $250 surcharge (for offense occuring on or after July 1, 2004) $100 $250 Third or subsequent offense; $250 surcharge (for offenses occuring on or after July 1, 2004) $200 $500

39:4-97.3 Operating a motor vehicle while using a cell phone 39:4-97.3(d) Effective July 1, 2004 $100 $250

39:4-98 Speeding- Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on certain highways 1-14 mph over limit: 2 points, 15-29 mph over limit: 4 points, 30 or more mph over limit: 5 points Judge/Magistrate can suspend driver's license for speeding. Also, in 65 mph zone, fines are doubled

39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points.

39:4-116 Failure to make proper turn at arrow 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-117 Special pedestrian interval; pedestrian violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-117 Special pedestrian interval; motorist violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-119 Failure to observe flashing traffic signals 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-122 Failure to obey whistle of police officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points.

39:4-124 Failure to turn as indicated by buttons or markers at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points.

39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn" sign 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points.

39:4-126 Failure to signal before starting, turning or stopping 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 3 additional car insurance points.

39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-127.1 Failure to stop at railroad crossings 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-127.2 Failure to stop at approaches to movable span bridges 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points.

39:4-128.1 Passing school bus while picking up or discharging- First offense: Fine or imprisonment not exceeding 15 days or 15 days community service, or both $100. Community service may be collecting trash cans or working at recycling center or landfill. Subsequent offense: Fine or imprisonment not exceeding 15 days, or both $250 none 5 MVC/DMV points and 5 additional car insurance points.

39:4-129(a) Leaving the scene of accident involving injury or death- First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction $2500-$5000 Imprisonment shall be imposed only if injury to another person. 8 points. Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license $1000-$2000 Imprisonment shall be imposed only if injury to another person.

39:4-129(b) Leaving the scene of accident involving damages to attended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200-$400. Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400-$600 2 MVC/DMV points and 2 car insurance points.

39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction. $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction. $400-$600 2 MVC/DMV points and 2 car insurance points

39:4-130 Failure to report accident $30 $100

39:4-132 Failure of repairman to report damages Fine or imprisonment not less than 30 days nor more than 90 days, or both $100 $500

39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 car insurance point

39:4-145 Failure to yield to a line of vehicles entering stop or yield intersection after stopping 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200

39:4-207.9 Failure to maintain handicapped parking space $200 $500

39:4-208 Improper traffic & parking on State property 39:4-209 $1 $15

39:4-208 Altering, conterfeiting or misuse of State parking permits 39:4-209 none $50

39:6B-2 Failure to carry motor vehicle insurance coverage First offense: Fine and a period of community service as determined by the court, and suspension of driving privileges for 1 year $300 $1000 Subsequent offense: Fine and shall be subject to 14 none days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction $5000

39:8-18 Affixing approval sticker without reinspection or conformity to standards First offense: Fine and suspension of re-inspection center’s license for at least 1 year but not more than 3 years $1000 $1500 Subsequent offense: Fine and permanent revocation of reinspection center's license $2000 $3500

39:9-2 Commercial driver exceeding maximum permitted on-duty hours First offense: If default in payment of fine, defendant shall be imprisoned for not more than 5 days 39:9-4 $25 $25 Subsequent offense: If default in payment of fine, defendant shall be imprisoned for not more than 10 days $25 $50

39:10-10 Failure to deliver certificate of ownership $25 $25

39:10-12 False application for a duplicate certificate of ownership Fine or imprisonment not exceeding
30 days, or both $200 $500

39:10B-2 Identification of motor component parts: Violation of record maintenance requirements Fine or imprisonment not exceeding 90 days, or both. $25 $100

39:11-3 Operating a junk yard without a license 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100

39:11-9 Failure of junk yard owner to certify the condition of vehicles sold 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100

39:12-2 Operating a driving school without a license First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500

39:12-2.1 Failure of driving school instructor to receive required training First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500

39:12-5 Driving school employing an unlicensed instructor First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500

39:12-11 Driving school failing to keep records First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500

39:12-15 Failure to wear seat belts in driver's school (instructor and student) First offense $25 $25 Subsequent offense $50 $50

.NJ.A.C. 13:19-10.2 Point Accumulation; period of suspension

(a) The Director shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:

POINTS ACCUMULATED PERIOD OF SUSPENSION
12 to 15 points in a period of two years or less; 30 days 16 to 18 points in a period of two years or less; 60 days 19 to 21 points in a period of two years or less; 90 days 22 to 24 points in a period of two years or less; 120 days 25 to 27 points in a period of two years or less; 150 days 28 or more points in a period of two years or less; not less than 180 days 15 to 18 points in a period greater than two years; 30 days 19 to 22 points in a period greater than two years; 60 days 23 to 26 points in a period greater than two years; 90 days 27 to 30 points in a period greater than two years; 120 days
31 to 35 points in a period greater than two years; 150 days
36 or more points in a period greater than two years; not less than 180 days 12 to 14 points in a period greater than two years; 30 days

(b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his discretion, the Director shall consider the person's driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.