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A New Jersey motor vehicle summons can cost far more than the fine printed on it. Here is how points, MVC surcharges, insurance increases and license suspensions really work.
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Reviewed by Ihab Ibrahim, Esq. | Ibrahim & Ibrahim Law Firm | Updated
Receiving a New Jersey traffic ticket can be much more serious than simply paying a fine. Depending on the offense, a motor vehicle summons can result in:
At Ibrahim & Ibrahim Law Firm, we represent drivers facing New Jersey traffic tickets, motor vehicle summonses, points, license suspensions and serious motor vehicle offenses in municipal courts across the state. A ticket that appears minor can have consequences far beyond the amount printed on the summons.
In New Jersey, most moving violations carry 2 to 5 MVC points (leaving the scene with injury carries 8). Six or more points within three years triggers an MVC surcharge of $150 plus $25 per additional point, billed each year for three years, and 12 or more points can suspend your license. Points can be reduced — 3 for each violation-free year, 2 for a defensive driving course — but the conviction stays on your permanent record and your insurer may still raise your rate. Before paying a ticket, find out what conviction will be entered.
A single 4- or 5-point ticket can push you toward the 6-point surcharge or 12-point suspension thresholds.
MVC surcharges are billed on top of court fines every year for three years — and don’t go away if you move out of state.
Point deductions lower your current total, but the conviction stays on your MVC history and insurers may still use it.
The New Jersey Motor Vehicle Commission assigns points to many moving violations. The current MVC point schedule includes the following offenses:
| N.J.S.A. | Violation | Points |
|---|---|---|
| 39:5D-4 | Moving violation committed outside New Jersey | 2 |
| 27:23-29 | Moving against traffic on NJ Turnpike, Parkway or Atlantic City Expressway | 2 |
| 27:23-29 | Improper passing on NJ Turnpike, Parkway or Atlantic City Expressway | 4 |
| 27:23-29 | Unlawful use of median strip | 2 |
| 39:3-20 | Operating construction vehicle in excess of 45 mph | 3 |
| 39:4-14.3 | Operating motorized bicycle on restricted highway | 2 |
| 39:4-14.3d | More than one person on motorized bicycle | 2 |
| 39:4-35 | Failure to yield to pedestrian in crosswalk | 2 |
| 39:4-36 | Failure to yield / passing vehicle stopped for pedestrian | 2 |
| 39:4-41 | Driving through safety zone | 2 |
| 39:4-52 | Racing on highway | 5 |
| 39:4-55 | Improper action or omission on grades and curves | 2 |
| 39:4-57 | Failure to observe direction of officer | 2 |
| 39:4-66 | Failure to stop before crossing sidewalk | 2 |
| 39:4-66.1 | Failure to yield entering/leaving highway | 2 |
| 39:4-66.2 | Avoiding traffic sign/signal by driving on property | 2 |
| 39:4-71 | Driving on sidewalk | 2 |
| 39:4-80 | Failure to obey direction of officer | 2 |
| 39:4-81 | Failure to observe traffic signal | 2 |
| 39:4-81 | Red-light-camera violation | 0 |
| 39:4-82 | Failure to keep right | 2 |
| 39:4-82.1 | Improper operation on divided highway/divider | 2 |
| 39:4-83 | Failure to keep right at intersection | 2 |
| 39:4-84 | Failure to pass to right of oncoming vehicle | 5 |
| 39:4-85 | Improper passing on right/off roadway | 4 |
| 39:4-85.1 | Wrong way on one-way street | 2 |
| 39:4-86 | Improper passing in no-passing zone | 4 |
| 39:4-87 | Failure to yield to overtaking vehicle | 2 |
| 39:4-88 | Failure to observe traffic lanes | 2 |
| 39:4-89 | Tailgating / following too closely | 5 |
| 39:4-90 | Failure to yield at intersection | 2 |
| 39:4-90.1 | Improper use of limited-access highway entrances | 2 |
| 39:4-91/-92 | Failure to yield to emergency vehicle | 2 |
| 39:4-96 | Reckless driving | 5 |
| 39:4-97 | Careless driving | 2 |
| 39:4-97a | Destruction of agricultural/recreational property | 2 |
| 39:4-97.1 | Slow speed blocking traffic | 2 |
| 39:4-97.2 | Unsafe driving (3rd+ offense within 5 years) | 4 |
| 39:4-97.3 | Handheld cellphone while driving (3rd+ offense within 10 years) | 3 |
| 39:4-98 | Speeding 1–14 mph over limit | 2 |
| 39:4-98 | Speeding 15–29 mph over limit | 4 |
| 39:4-98 | Speeding 30+ mph over limit | 5 |
| 39:4-105 | Failure to stop for traffic light | 2 |
| 39:4-115 | Improper turn at traffic light | 3 |
| 39:4-119 | Failure to stop at flashing red signal | 2 |
| 39:4-122 | Failure to stop for police whistle | 2 |
| 39:4-123 | Improper right or left turn | 3 |
| 39:4-124 | Improper turn from approved turning course | 3 |
| 39:4-125 | Improper U-turn | 3 |
| 39:4-126 | Failure to give proper signal | 2 |
| 39:4-127 | Improper backing/turning in street | 2 |
| 39:4-127.1 | Improper railroad-grade-crossing maneuver | 2 |
| 39:4-127.2 | Improper bridge crossing | 2 |
| 39:4-128 | Improper railroad crossing by certain vehicles | 2 |
| 39:4-128.1 | Improper passing of school bus | 5 |
| 39:4-128.4 | Improper passing of frozen-dessert truck | 4 |
| 39:4-129 | Leaving scene – no personal injury | 2 |
| 39:4-129 | Leaving scene – personal injury | 8 |
| 39:4-144 | Failure to observe stop or yield sign | 2 |
| 39:5C-1 | Racing on highway | 5 |
Check the MVC’s official point schedule for the exact statute and current treatment of a violation, because point assignments and special exceptions can change.
Generally, no automatic point-based suspension occurs solely because of those points. However, individual violations can carry separate mandatory suspensions or other penalties.
Accumulating six or more points within a three-year period can result in an MVC insurance surcharge of $150 for the first six points plus $25 for every additional point, assessed annually for three years (NJ MVC — surcharges).
Accumulating 12 or more current points can result in suspension of your New Jersey driving privilege. The MVC sends a notice of scheduled suspension, and depending on the circumstances the driver may be able to contest the proposed suspension or qualify for an MVC remedial program (NJ MVC — points and suspensions). If you are facing a suspension, see our driver’s license suspension attorney page.
This is one of the most misunderstood areas of New Jersey traffic law. Your driving record is permanent — the MVC keeps a permanent record of point violations. However, your current point total can be reduced:
| Method | Point reduction |
|---|---|
| One year without violations or suspensions | −3 |
| Approved Defensive Driving Program (once every 5 years) | −2 |
| Driver Improvement Program (once every 2 years) | −3 |
| Probationary Driver Program (when ordered by MVC) | −3 |
In short: points may be deducted from your current total, but the underlying conviction does not disappear from your permanent MVC driving history.
Even when your current point total is reduced, your insurance company may not treat the violation as though it never occurred. The MVC specifically warns that your insurance company might not factor point deductions into your rate. Taking a defensive-driving course is not the same as making the ticket disappear.
New Jersey drivers should not assume that an out-of-state ticket has no effect on their New Jersey license. Under New Jersey’s point system, a moving violation committed outside New Jersey is generally assessed two MVC points. This can matter most for drivers with a CDL, a New Jersey insurance policy, multiple recent violations or an existing suspension risk.
A license from another state does not necessarily prevent New Jersey consequences. New Jersey records certain out-of-state violations, and the MVC’s surcharge brochure states that drivers licensed in another jurisdiction can be responsible for New Jersey surcharges.
These are not the same thing, and a driver can face all three:
The MVC states that surcharges are in addition to court-imposed fines and penalties and to any premiums your insurance company charges.
Many MVC surcharges are assessed annually for three years (current MVC surcharge schedule):
| Violation | Annual surcharge (3 years) |
|---|---|
| Six or more points | $150 + $25 per additional point |
| Driving while suspended | $250 |
| Operating an uninsured vehicle | $250 |
| Unlicensed driver | $100 |
| First or second DWI | $1,000 |
| Third DWI (within 3 years) | $1,500 |
| Refusal to submit to chemical testing | $1,000 |
The MVC can file a certificate of debt (a judgment) in Superior Court and collect the unpaid amount plus collection costs and interest. Consequences can include liens, wage garnishment and interception of state funds such as tax refunds. Moving out of New Jersey does not eliminate an existing surcharge obligation.
There is no single answer for every driver and insurer. New Jersey insurers use their approved rating plans and eligibility rules, and the NJ Department of Banking and Insurance has explained that eligibility can take into account violations appearing on a driving record during specified look-back periods (DOBI). Many rating considerations use a three-year period, but the effect on your premium depends on the insurer, the violation, your accident history, your policy and the rating plan.
Do not assume that because the MVC removes points from your current total, your insurer must immediately lower your premium. For more on how your policy works, see our New Jersey auto insurance guide.
Many people look only at the fine. The better question is: “What will this conviction cost me over the next several years?” A lawyer can evaluate:
Sometimes — but there is no guarantee. A lawyer may examine whether:
The right strategy depends on the particular summons and evidence.
Paying a traffic ticket may resolve the court case, but it can also enter a conviction on your driving record. Depending on the offense, that conviction can affect MVC points, insurance, MVC surcharges, license status, future traffic cases, commercial driving privileges, employment, professional licensing and your ability to get affordable insurance. Before paying a ticket, find out what conviction will be entered and what consequences may follow.
A critical distinction is whether a suspension comes from the court or from the Motor Vehicle Commission.
A municipal or Superior Court may impose a suspension as part of a sentence for certain violations, such as DWI, driving while suspended, certain uninsured-driving offenses, leaving the scene, serious speeding, racing, certain repeat violations and other offenses carrying mandatory or discretionary suspension. The court may also impose fines, community service, jail, ignition interlock requirements or other penalties depending on the offense.
The MVC can separately suspend a driving privilege for reasons including 12 or more points, failure to answer a summons, failure to pay certain obligations or MVC surcharges, driving while suspended, failure to maintain required insurance, certain medical qualifications, failure to respond to MVC requirements, certain serious violations and other statutory or regulatory grounds.
A driver may think, “The judge gave me a three-month suspension, so after three months I can drive.” Not necessarily. There may also be an MVC suspension, an unpaid-surcharge suspension, a failure-to-appear suspension or another independent suspension. A driver whose privilege remains suspended may not lawfully drive until restoration requirements are satisfied and the MVC confirms restoration — so confirm your entire driving privilege has been restored before driving.
Driving while suspended is not an ordinary traffic ticket. It can result in additional fines, a longer suspension, an MVC surcharge, insurance consequences, community service and, in certain circumstances, jail. The consequences become significantly more serious when the original suspension resulted from DWI, refusal, certain insurance violations or other serious offenses.
New Jersey DWI cases should not be treated as ordinary traffic tickets. A DWI conviction can involve license loss, fines, mandatory fees, a $1,000-per-year insurance surcharge, Intoxicated Driver Resource Center requirements, community service, ignition interlock and, in applicable circumstances, jail (MVC DWI penalties table). Learn more about NJ DWI penalties by offense and our Jersey City DUI lawyers.
Points depend on how far over the limit the driver was traveling: 1–14 mph over = 2 points; 15–29 mph over = 4 points; 30+ mph over = 5 points. Additional consequences can apply depending on the location and circumstances. See our Jersey City speeding ticket attorney page.
These are frequently confused. Careless driving (N.J.S.A. 39:4-97) generally carries 2 points; reckless driving (N.J.S.A. 39:4-96) generally carries 5 points. The factual difference between the two charges can be important.
New Jersey regulates handheld cellphone and electronic-device use while driving. Under N.J.S.A. 39:4-97.3, 3 points apply for a third or subsequent offense within 10 years. Cellphone violations can also carry substantial fines, so review the specific summons rather than assuming every cellphone ticket carries the same penalty.
Leaving the scene can be dramatically more serious than a typical violation: 2 points for property damage only and 8 points when there is personal injury — creating a major suspension and insurance problem on top of court penalties.
Improperly passing a school bus carries 5 points, and additional statutory penalties may apply.
Racing on a New Jersey highway generally carries 5 points and can expose a driver to additional fines, suspension and other consequences.
N.J.S.A. 39:4-89 carries 5 points — a significantly greater impact than a two-point violation.
Failure to observe a traffic signal, failure to stop at a traffic light or flashing red signal, and failure to observe a stop or yield sign generally carry 2 points, although the exact statute and circumstances matter.
No. Violations can carry 0, 2, 3, 4, 5 or 8 points — or other consequences that do not operate as ordinary point violations. For example, the MVC lists red-light-camera violations at 0 points. A ticket should be evaluated based on the specific statute and conviction, not the general description on the summons.
There is no single statewide “NJ traffic ticket fine” — the amount depends on the statute. Depending on the offense, a conviction can involve a statutory fine, court costs, assessments, state-mandated fees, an insurance surcharge, an MVC restoration fee, community service, license suspension and additional penalties for repeat offenses. Some serious offenses carry mandatory minimum fines or additional financial assessments; DWI cases, for example, include separate mandatory fees and surcharges beyond the basic court fine.
The fine printed on a summons should not be confused with the total financial consequences of a conviction.
A traffic summons may look like a simple piece of paper. But behind it may be:
POINTS → SURCHARGES → INSURANCE INCREASE → SUSPENSION → EMPLOYMENT PROBLEMS → ADDITIONAL PENALTIES
The right resolution can make a significant difference. We evaluate the actual charge, your driving history and the potential consequences before deciding how to approach the case. We help drivers facing:
Before you plead guilty or pay a New Jersey motor vehicle summons, understand: How many points? Will there be an MVC surcharge? Could your insurance increase? Could your license be suspended? Will the conviction affect your employment or CDL? Are there defenses? Is there a lawful alternative resolution? What happens if you get another ticket?
Call (855) 529-0030 or contact us to discuss your New Jersey traffic ticket, motor vehicle summons, points, suspension or other driving-related matter. Do not assume a ticket is minor until you know what the conviction could cost you. See also our traffic ticket practice area and Jersey City traffic offenses pages.
We represent drivers in New Jersey municipal courts on:
Paying online is a guilty plea. Before you pay, find out how many points, which surcharges and what insurance consequences the conviction could bring. Contact us or call (855) 529-0030 — available 24/7.
First, second and third offense penalties, surcharges and license loss. Read NJ DWI penalties by offense →
12-point suspensions, surcharge suspensions and restoration. Driver’s license suspension help →
Generally, 12 or more current MVC points can result in a license suspension. The MVC sends a notice of scheduled suspension first.
Six or more points accumulated within a three-year period can trigger an MVC surcharge.
$150 for six points plus $25 for each additional point, potentially billed annually for three years.
Not exactly. The MVC keeps a permanent record of point violations, but your current point total can be reduced through violation-free driving (3 points per year) or approved programs.
Yes. An approved Defensive Driving Program currently results in a 2-point deduction, and it can be used once every five years.
No. Point deductions reduce your current point total; they do not erase the underlying conviction from your permanent MVC driving history, and your insurer may not factor the deduction into your rate.
Insurance companies can obtain driving-record information and use approved rating rules to evaluate drivers. The impact on your premium depends on the insurer and its rating plan.
Many insurance-rating considerations use a three-year look-back period, but the precise treatment depends on the insurer, the violation and its rating rules.
New Jersey generally assesses 2 MVC points for a moving violation committed out of state.
Potentially, yes. The MVC states that surcharge obligations continue even if you move out of New Jersey, and unpaid surcharges can lead to judgments, liens and wage garnishment.
A lawyer cannot guarantee that points will be avoided. Depending on the charge and facts, an attorney may be able to challenge the ticket or negotiate a resolution that avoids or reduces the MVC consequences.
Not necessarily. Paying a ticket results in a conviction that may produce points, surcharges and insurance consequences. Find out what conviction will be entered before you pay.
Often, attorneys resolve traffic cases through negotiation or other court procedures. There is no guarantee the prosecutor will agree to a particular disposition; if not, the case may proceed toward trial.
Do not assume a New Jersey suspension is irrelevant elsewhere. A suspended NJ driving privilege can create serious legal consequences, and driving while suspended can bring additional penalties. Confirm your driving status first.
No. A driver can have a court-imposed suspension and separate MVC suspensions — for points, unpaid surcharges or failure to appear. You may not drive until every suspension is cleared and the MVC confirms restoration.