DMV and Points

DMV and Points

9/28/11 10:45 AM

Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your New Jersey Legal Needs 2053 Woodbridge Ave. Edison NJ 08817 732-572-0500 1-800-655-2977 Personal Injury and Criminal on Weekends 732-261-4005

Princeton Area 68 South Main St. Cranbury, NJ 08512

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DMV and Points

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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

Traffic Fines, Points, Jail.

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 restoration fee; plus additional car insurance eligibility points.

39:4-50 Operating under the influence- DWI (See chart at njlaws.com) Plus MVC/DMV points; plus additional car insurance eligibility points.

39:4-50.2 Refusal to undergo breathalyzer test- (See chart at njlaws.com) 39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .10% 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. See DWI fines and penalties at njlaws.com.

http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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DMV and Points

39:4-51a Consumption of alcoholic beverage by operator or passenger- First offense: $200 Second or subsequent offense: Fine $250 or 10 days community service 39:4-51b Possession of open container of alcohol in passenger compartment- First offense: $200 Subsequent offense: Fine $250 or 10 days community service

9/28/11 10:45 AM

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39 :4-52 Racing on highway- First offense $25-$100 5 MVC/DMV points, 5 car insurance points 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 years.

Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

39:4-81 Failure to obey traffic control device- 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.

39:4-82 Failure to keep right- 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.

39:4-82.1 Failure to drive on right-hand roadwayFine or imprisonment not exceeding 15 days, or both $50-$200 2 MVC/DMV points and 2 additional car insurance points, usually for three years.

39:4-83 Failure to keep to right at intersection- 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.

39:4-84 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 an suspend Driver's license.

http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

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DMV and Points

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

39:4-88 Failure to drive properly in marked lanesFine 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- 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 intersectionFine 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- 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- 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 closelyFine 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. http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

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DMV and Points

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39:4-97 Careless driving- 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- 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- 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 39:4-98 Speeding- Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on certain highways 1-14 mph over limit: 2 points, 1529 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 39:4-115 Failure to make proper turn- Fine or imprisonment not exceeding 15 days, or both $50$200 3 MVC/DMV points and 3 additional car insurance points.

39:4-119 Failure to observe flashing traffic signalsFine 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 officerFine 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- 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 http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

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DMV and Points

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markers at intersection- 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- 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- 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- 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- 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- 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 http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

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DMV and Points

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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 39:4-144 Failure to obey Stop or Yield Right of Way signs- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 MVC/DMV points and 2 car insurance points 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 Community service can be working at recycling or landfill. Subsequent offense: Fine and shall be subject to 14 days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction $5000 Community service can be working at recycling or landfill. .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 http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

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DMV and Points

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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.

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Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey.

Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

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DMV and Points

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Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of Kenneth Vercammen & Associates, P.C. at 732-572-0500 for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation. The Law Office now accepts payment by American Express, Visa and Master Card. .

http://www.njlaws.com/traffic_minimum_penalties.html?id=1247&a=

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DMV and Points

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Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement. Š 2011 Kenneth Vercammen & Associates, P.C.

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