Points

1 877 DWI IN NJ
Law Offices of Ronald P. Mondello, Esq.

Please note: This site does not intend to provide a defense to these offenses, nor is it a substitute for consulting with an attorney experienced in Municipal Court law. It is merely intended as a guide. If you must make an appearance in Municipal Court for one of these offenses, we strongly suggest that you take an attorney with you.

Copyright 1999
Ronald P. Mondello All rights reserved

What are points?

Motor Vehicle Services (MVS) tracks your driving by adding points to your record when you are convicted of a moving violation. The more serious the violation, the more points you are assessed. The illustration below shows a list of violations and their point values. Motor Vehicle points are completely separate from insurance eligibility points, which are used by the NJ State Department of Insurance to assess surcharges on your insurance payments.

Will I receive a notice telling me how many points I have?

You are a probationary driver during the first two years that you are licensed to drive. You'll receive an advisory notice when you commit your first point violation. If you receive two or more violations totaling four or more points, you must complete the Probationary Driver Program. After your two-year probation ends, MVS will send advisory notices whenever points-assessed violations are added to your driving record and the point total is 6 to 11. The advisory notice tells you that you are close to 12 points.

How many points am I allowed to have?

For a total of 12 or more points on your driving record, MVS will issue a notice of scheduled suspension on your driving privilege.

How long will point violations stay on my record?

All point violations that you have received since March 1, 1974, will stay on your driver record. Before that date, the law provided for the removal of point violations from your record after a certain time.

Will any points be removed from my driving record?

Up to three points may be subtracted from your point total for every year of safe driving (no violations or suspensions). But, your point total will never be reduced below zero.

Reduction of points occurs one year after:

  • your last point violation;
  • or your license was restored;
  • or the last time annual safe driving points were subtracted from your record (whichever is later).
  • after completion of a MVS offered driver improvement program, up to three points may be subtracted from your point total. These programs are only offered to problem drivers selected by MVS. Credit is given for one program maximum every two years.
  • after completion of a MVS approved defensive driving course up to two points may be subtracted from your point total. Credit is given for one program maximum every five years.

DMV Points Following a Traffic Ticket - 1997
N.J.A.C. 13:-10.1 Point Assessment

Any person who is convicted of any of the following offenses, including offenses, committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:

Section NumberOffensePoints
1. N.J.S.A. 27:23 29Moving against traffic New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway2
2. N.J.S.A. 27:23 29Improper passing New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway4
3. N.J.S.A. 27:23 29Unlawful use of median strip New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway2
4. N.J.S.A. 39:3 20Operating constructor vehicle in excess of 30 mph3
5. N.J.S.A. 39:4 14.3Operating motorized bicycle on a restricted highway2
6. N.J.S.A. 39:4 14.3dMore than one person on a motorized bicycle2
7. N.J.S.A. 39:4 35Failure to yield to pedestrian in crosswalk2
8. N.J.S.A. 39:4 36Failure to yield to pedestrian in crosswalk; Passing a vehicle yielding to pedestrian in crosswalk2
9. N.J.S.A. 39:4 41Driving through safety zone2
10. N.J.S.A. 39:4 52
and 39:5C 1		Racing on highway5
11. N.J.S.A. 39:4 55Improper action or omission on grades and curves2
12. N.J.S.A. 39:4 57Failure to observe direction of officer2
13. N.J.S.A. 39:4 66Failure to stop vehicle before crossing sidewalk2
14. N.J.S.A. 39:4 66.1Failure to yield to pedestrians or vehicles while entering or leaving highway 2
15. N.J.S.A. 39:4 66.2Operating a motor vehicle on public or private property to avoid a traffic control signal or sign2
16. N.J.S.A. 39:4 71Operating a motor vehicle on a sidewalk2
17. N.J.S.A. 39:4 80Failure to obey direction of officer2
18. N.J.S.A. 39:4 81Failure to observe traffic signals 2
19. N.J.S.A. 39:4 82Failure to keep right 2
20. N.J.S.A. 39:4 82.1Improper operating of vehicle on divided highway or divider2
21. N.J.S.A. 39:4 83 Failure to keep right at intersection2
22. N.J.S.A. 39:4 84Failure to pass right of vehicle proceeding in opposite direction5
23. N.J.S.A. 39:4 85Improper passing on right or off roadway4
24. N.J.S.A. 39:4 85.1Wrong way on a one way street2
25. N.J.S.A. 39:4 86Improper passing in no passing zone4
26. N.J.S.A. 39:4 87Failure to yield to overtaking vehicle 2
27. N.J.S.A. 39:4 88Failure to observe traffic lanes2
28. N.J.S.A. 39:4 89Tailgating5
29. N.J.S.A. 39:4 90Failure to yield at intersection2
30. N.J.S.A. 39:4 90.1 Failure to use proper entrances to limited access highways2
31. N.J.S.A. 39:4 91
and 39:4 92		 Failure to yield to emergency vehicles2
32. N.J.S.A. 39:4 96Reckless driving5
33. N.J.S.A. 39:4 97Careless driving2
34. N.J.S.A. 39:4 97aDestruction of agricultural or recreational property2
35. N.J.S.A. 39:4 97.1Slow speed blocking traffic2
36. N.J.S.A. 39:4 97.2Driving in an unsafe manner (points only assessed for the third or subsequent violation(s) within a five year period)4
37. N.J.S.A. 39:4 98 and 39:4 99Exceeding maximum speed 1 14 mph over limit
Exceeding maximum speed 15 29 mph over limit
Exceeding maximum speed 30 mph or more over limit		 2
4
5
38. N.J.S.A. 39:4 105 Failure to stop for traffic light2
39. N.J.S.A. 39:4 115Improper turn at traffic light3
40. N.J.S.A. 39:4 119 Failure to stop at flashing red signal2
41. N.J.S.A. 39:4 122Failure to stop for police whistle2
42. N.J.S.A. 39:4 123Improper right or left turn3
43. N.J.S.A. 39:4 124 Improper turn from approved turning course 3
44. N.J.S.A. 39:4 125Improper "U" turn3
45. N.J.S.A. 39:4 126Failure to give proper signal2
46. N.J.S.A. 39:4 127Improper backing or turning in street2
47. N.J.S.A. 39:4 127.1Improper crossing of railroad grade crossing2
48. N.J.S.A. 39:4 127.2Improper crossing of bridge2
49. N.J.S.A. 39:4 128Improper crossing of railroad grade crossing by certain vehicles2
50. N.J.S.A. 39:4 128.1Improper passing of school bus5
51. N.J.S.A. 39:4 128.4Improper passing of a frozen dessert truck4
52. N.J.S.A. 39:4 129 Leaving the scene of an accident
No personal injury
Personal injury		 2
8
53. N.J.S.A. 39:4 144 Failure to observe "stop" or "yield" signs2
54. N.J.S.A. 39:5D 4 Moving violation Out of State2

Top

Motor Vehicle Statute of Limitations

MV 39:5-3 30 days statute of Limitations except as posted below:

  • 39:3-12 Illegal obtaining DL-1 year Statute of limitations
  • 39:3-34 App. for DL while SUS-1 year Statute of Limitations
  • 39:3-37 False App. - 1 year Statute of limitations
  • 39:4-129 Leaving the scene of accident - 1 year Statute of Limitations
  • 39:10-24 Misrepresentation on title - 1 year
  • 39:3-40 Driving while suspended - 90 days S of L
  • 39:6B-2 No insurance - 6 months S of L
  • 39:5:31 DMV Director of Magistrate can revoke license for willful violations even is statute of limitations has passed