The use of a popular "no-point" amendment has been curtailed this past week by the New Jersey Courts. Unsafe Driving, or N.J.S.A. 39:4-97.2, closely resembles the careless driving statute, but explicitly prohibits the assessment of motor vehicle penalty points by the New Jersey Motor Vehicle Commission (MVC).
An amendment is a change of a charge made by the prosecutor and accepted by the court. Typically, the original complaint is amended to a lesser violation as part of a plea bargain. Many motorists were using Unsafe Driving as part of a plea bargain when ticketed for speeding, careless driving and other minor offenses.
In Patel v. MVC, the Appellate Division ruled that pleas to a third offense of N.J.S.A. 39:4-97.2 would result in 4 motor vehicle points being assessed, regardless of the amount of time that had transpired between the second and third offense.
Under the statute, violators can plead without assessment of points for the first and second offense, although the courts have been required to impose a one-time, in-court surcharge of $250.00 since 2004.
Ironically, a defendant will not be assessed points for a fourth or subsequent offense if 5 years has elapsed since the prior offense. However, swallowing the bitter pill of the third offense (with 4 points) must come before the benefit of the fourth without points.
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