New Jersey Traffic and Criminal Law

Supreme Court to decide crucial case regarding 'no point' violations

     The New Jersey Supreme Court will be hearing arguments today involving the infamous "unsafe driving" statute, often used in municipal court as a plea bargain to original charges like speeding, stop sign violations and red-light rolling.

    The unsafe driving statute, N.J.S.A. 39:4-97.2, provides that an operator of a motor vehicle can plead or be found guilty of the offense and not be assessed motor vehicle commission (MVC) points in the State of New Jersey.  However, this ONLY applies to the first or second conviction or plea.

    In State v. Patel, decided by the Appellate Division last year, the Court ruled that a third conviction, regardless of the amount of time between the second and third offense dates, resulted in the assessment of 4 MVC points. 

    Despite last October's ruling in Patel, the language of the law strongly suggests that a driver should be allowed to take advantage of the no point provision if five years have transpired since the second guilty plea.

    The defendant in Patel argues that the New Jersey Legislature intended to provide relief from motor vehicle penalty points on third offenses following a five year period from the second unsafe driving offense.

    The decision will be published on this blog as soon as it becomes available.

    

N.J. to issue traffic tickets based on cameras

        At the beginning of this year, the New Jersey Legislature cleared the way for digital photography enforcement of intersection violations.  In layman's terms, cameras will be enforcing "red-light" violations in the future.

       The program will only be starting as a "pilot" with several municipalities throughout the state participating.  The cameras will be posted in stationary positions at intersections that qualify, probably those with the highest incidence of violations and accidents.

       Interestingly, the new law will hold both the owner and operator jointly and severally  liable for an alleged offense.  That is, if someone is operating your vehicle, then you, the owner, will be getting the ticket.  Presumably, the ticket could be amended in court to name the operator as the proper defendant.

             Essentially, the summons will be similar to those issued for parking offenses.  In these cases, the state need not prove who actually violated the law-- just that the vehicle was in the intersection when the light was red.

       Now the good news for those charged:  no motor vehicle or insurance eligibility points will be issued for a violation of this offense, because the standards of proof are relaxed.

Erase points, take safe driving course

       There is a fairly painless and cheap way of erasing motor points from your driving history.  Under New Jersey statute, a driver can wipe away two motor vehicle points-- without going to court, paying a high fine or paying attorney fees --by taking a safe driving course.

       These courses are sponsored by organizations such as AAA or may be taken on-line.  The fee for the courses seem to average $50.00, which is worth the savings in automobile insurance premiums or costs of surcharges.

       Many individuals charged with minor violations appear in court to save points, but often end up paying a $250.00 surcharge associated with a plea bargain to a no-point violation anyway.

       There are limitations on the number of times one may be eligible for point reductions with these courses and no driver may have less than 0 points.

Does "dimissed" really mean dismissed?

       Recently, the New Jersey Motor Vehicle Commission began assessing motor vehicle points for tickets marked "dismissed by way of merger."  This form of dismissal was commonplace when a defendant plead guilty to one charge and the remaining were dismissed.

       For example, if a defendant were to plead guilty to DWI, then-- most likely --the prosecutor would dismiss a reckless driving charge by merger, because the reckless driving charge is considered a "lesser included" offense to driving while intoxicated.

       Now, the proper way to ensure a dismissal and no assessment of motor vehicle points is for the prosecutor to make a motion for direct dismissal."