New Jersey Criminal Attorney Blog

Whether you have a New Jersey driver's license and you receive a traffic ticket out of state, or you live elsewhere and get pulled over for a violation while driving through North Jersey, it's important to understand how out-of-state violations affect the number of points on your license.

Almost all states belong to the Driver License Compact, an agreement among member states to share information on traffic violations. However, each state establishes its own rules that determine whether it will assess points for minor out-of-state traffic violations.

For example, if you hold a New York driver's license and receive a minor traffic violation in New Jersey, no points will be assessed to your New York license. It's important to remember that such violations still could result in costly fines, so consider all of the factors before deciding whether to plead guilty to a traffic offense.

On the other hand, a New Jersey driver who is deemed guilty of a minor point violation in New York will typically see two points assessed to his or her New Jersey license. A New Jersey driver who accumulates points could have to pay surcharges, and a New Jersey driver who receives 12 to 15 points in two years could have his or her license suspended for 30 days.

The rules are different for more serious offenses such as DUI charges. An out-of-state driver who is convicted of such charges in New Jersey could be in danger of having his or her home state license suspended. Such rules depend on the state and the type of violation. For example, a New York driver 21 years or older who is convicted in New Jersey of an alcohol related offense could have his or her license suspended for 90 days. If the conviction is for a drug related offense, the suspension is six months.

An out of state driver who receives a summons in New Jersey and wants to plead not guilty may not have to appear in court to address the charges, depending on the circumstances. In some cases, a local attorney may be able to represent a driver at a court hearing without the driver being present.

New Jersey's point system has long been a source of confusion among drivers facing tickets for moving violations. The following is an overview of how the point system works, and its consequences for drivers.

The number of points a driver faces can vary greatly depending on the violation. While most will result in two points on a driver's license, a driver convicted of leaving the scene of an accident resulting in personal injury could receive eight points.

The penalty a driver faces depends on how many points he or she has accumulated over a given period of time. For example, drivers who accumulate 12 to 15 points in two years or less could have their license suspended for 30 days. Accumulate 36 points in a period greater than two years, and the penalty is suspension of not less than 180 days. The penalties in between vary according to number of points and time period.
A driver can avoid suspension by attending an approved driver safety course.

The Motor Vehicle Commission will also impose surcharges for drivers who accumulate six or more points over three years. The surcharges amount to $150 for the first six points and $25 for every point thereafter. The surcharges apply as long as the points remain on a driver's license.

Point violations remain on your driving record; however the number of points can be deducted over time. Three points will be deducted from your total if you go a year without another violation. You can also receive a two-point deduction for attending a defensive driving course approved by the Motor Vehicle Commission.