What Is the Difference Between a Moving and Non-Moving Violation in NJ?
If you’re like most people, the last thing you want to see on your way to work is flashing lights behind you. Unfortunately, traffic violations are common and can result in moving violations against you. If you’re unsure what constitutes a moving offense in New Jersey or how it differs from a non-moving offense, you’ll want to keep reading. In addition, you’ll learn more about the consequences of these tickets and the importance of working with a Bergen County, NJ traffic ticket attorney to guide you through these difficult matters.
What Warrants a Moving Violation in NJ?
In New Jersey, any time your car is in motion when a violation is committed, it warrants a moving violation. This differs from non-moving violations, which include offenses like illegal parking or making illegal modifications to your vehicle.
Typically, you’ll find that moving violations carry points, which act as infractions on your license. Not only do points increase your insurance premium, as you will now be considered a risky driver by your insurance carrier, but accumulating too many points can have even more serious outcomes. Typically, if you accumulate six points on your license within a three-year period, you must pay an additional $150 surcharge to the state Motor Vehicle Commission. For every additional point, there is an added $25 fee in addition to the surcharge.
However, if you accumulate 12 or more points within a three-year period, you will have your license suspended. Not only can this leave you without transportation, but you must also pay a number of fines and fees to have it reinstated.
Common moving violations and their point penalties are as follows:
- Failure to yield to a pedestrian in a crosswalk – 2 points
- Careless driving – 2 points
- Speeding 1-14 miles per hour over the speed limit – 2 points
- Making an improper left or right turn – 3 points
- Speeding 15-29 miles per hour over the speed limit – 4 points
- Reckless driving – 5 points
- Leaving the scene of an accident with injuries – 8 points
Do I Have Any Legal Options?
In many instances, drivers receive traffic tickets and believe fighting the ticket to be more trouble than it’s worth. However, as you can see, the accumulation of points on your license can cost you big time in the long run. As such, you should consider working with an experienced traffic ticket defense attorney to explore your legal options.
Typically, one option is to challenge the officer’s testimony. For example, your attorney may be able to prove that the officer had a limited view of where your infraction allegedly occurred or that the radar device they used to track your speed was defective and thus rendered the wrong speed. Regardless of your circumstances, working with an attorney can help you determine the best course of action for your circumstances.
In some instances, you may also be able to attend a safe driving school and, upon completion of the course, have the ticket against you dismissed.
At the Law Offices of Richard E. Novak, our dedicated legal team will examine the circumstances of your ticket to help determine the best course of action for your unique situation. When you need help, our firm is here. Contact us today to learn how we can assist you through these complicated matters.