New Jersey Traffic Violation Lawyers
Even the most careful drivers could find themselves ticketed for a traffic violation at some point in their lives.
Our New Jersey traffic offense attorneys can inform you of your legal rights and options.
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Experienced Trial Lawyers for Your Traffic Violation Case
Most traffic violations are considered to be minor offenses, and the consequences are likewise relatively minimal. In most cases, you may have to deal with fines, points on your driver’s license, increased insurance rates, and defensive driving classes.
However, there are some traffic violations that are considered to be so severe that they are regarded as crimes. You can be arrested, indicted, tried, and convicted for these particularly severe traffic violations. In some cases, you could end up being sentenced to prison. These types of violations are referred to as criminal traffic violations.
If you have been charged with a criminal traffic violation in New Jersey, you need to contact the legal defense attorneys at Clark, Clark & Noonan, LLC right away. Being convicted of a criminal traffic violation can have serious consequences. Our dedicated attorneys have the experience needed to fight your charges. We’ll remain by your side throughout the entire process.
Call us or contact us online now for a free case review. We’re ready to help.
Serious Traffic Violations in New Jersey
By far, the most common criminal traffic violation in New Jersey is driving under the influence. In New Jersey, this crime is referred to as “driving while intoxicated,” or DWI for short.
If a police officer pulls you over for a minor traffic violation and suspects you are inebriated, you could be arrested. If a police officer observes you driving erratically and suspects you are DWI, you can be pulled over so the police officer can evaluate whether you are fit to drive.
The officer can’t arrest you for a DWI without what is called “probable cause.” Conditions that qualify as probable cause include:
- Failing a field sobriety test
- Failing a Breathalyzer test
- A strong smell of alcohol or marijuana
- An open or empty alcohol container is clearly visible
- An open or empty container of an intoxicant drug is clearly visible
In New Jersey, if a police officer asks a licensed driver to take a Breathalyzer test, the person is required to do so. Refusing to take a Breathalyzer test is considered a criminal offense.
You automatically forfeit your driver’s license for at least seven months and will be fined $300. In addition, the officer will automatically arrest you for DWI. If you are convicted, the penalties for a DWI will be added to the penalties for refusing to take a Breathalyzer test.
The second most common criminal traffic violation in New Jersey is reckless driving. This is categorized as intentionally driving in a way that puts other motorists and pedestrians in danger. Acts of reckless driving include driving at extremely high speeds, weaving in and out of traffic, drifting through corners, and doing “burnouts.”
Driving without a valid license is also considered a criminal offense. This doesn’t refer to a licensed driver forgetting to carry their license. It refers to someone who is not licensed to drive. Anyone caught driving without a license can be arrested, and the vehicle can be impounded.
In New Jersey, you are not allowed to drive unless you obtain adequate insurance coverage. If you are caught driving without insurance coverage, you can be arrested, and your vehicle can be impounded. You will not be able to get the vehicle back unless you show proof of insurance.
In addition to these fairly common criminal traffic violations, there are other situations involving vehicles that are considered to be criminal acts. However, in these cases, the criminal aspect is considered to be far more important than the traffic violation aspect.
These crimes include:
- Vehicular manslaughter under N.J.S.A. 2C:11-5
- Hit and runs, or leaving the scene of an accident
- Joyriding
- Evading arrest by fleeing in a vehicle
If you find yourself being charged with these types of crimes, you may face more than a traffic ticket.
Penalties for Criminal Traffic Violations in NJ
Penalties for a first time DWI include:
- BAC of 0.08% or higher, but less than 0.10%:
- Fine between $250 and $400
- Detainment between 12 hours and 48 hours in a program by the Intoxicated Driver Resource Centers
- Up to 30 days imprisonment
- Ignition interlock device installed on the driver’s primary vehicle for 3 months
- BAC of 0.10% or higher, but less than 0.15%:
- Fine between $300 and $500
- Detainment between 12 hours and 48 hours in a program by the Intoxicated Driver Resource Centers
- Up to 30 days imprisonment
- Ignition interlock device installed on the driver’s primary vehicle for 7 months to 1 year
- BAC of 0.15% or higher
- Fine between $300 and $500
- Detainment between 12 hours and 48 hours in a program by the Intoxicated Driver Resource Centers
- Up to 30 days imprisonment
- Suspension of driver’s license for not less than 4 months and not more than 6 months after an ignition interlock device is installed on the driver’s primary vehicle
- Ignition interlock device must remain on the vehicle for 9 months to 15 months
- Driving under the influence of a narcotic, hallucinogenic or habit-producing drug:
- Fine between $300 and $500
- Detainment between 12 hours and 48 hours in a program by the Intoxicated Driver Resource Centers
- Up to 30 days imprisonment
- Suspension of driver’s license for not less than 7 months and not more than 1 year
Penalties for reckless driving include:
- First offense, 60 days in prison and a fine of $50 to $200, plus 5 points
- Second offense, 90 days in prison and a fine of $100 to $500, plus 5 points
Penalties for driving without a license include:
- 60 days in prison
- A $500 fine
- Cannot apply for a driver’s license for six months after the conviction
Penalties for driving without adequate insurance include:
- For a first offense, a fine of $300 to $1000, a period of mandatory community service, and a one-year license suspension
- For a second offense, a 14-day prison sentence, a fine of $5,000, a period of mandatory community service, and a two-year license suspension.
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Minimizing Points and Protecting Your Record
New Jersey uses a point system to track driver performance. Any minor or major traffic violation is likely to put one or more points on your driver’s license. Certain violations like speeding can result in either 2, 4, or 5 points on your record depending on how fast you were going. If you accrue six or more points in three years, you will be charged a yearly surcharge of $150. If you accrue 12 points, your driver’s license will be suspended. Driving with a suspended license is an arrestable offense, and you can be sentenced to up to five years in prison.
In addition to these consequences, auto insurance companies will start jacking up your premiums every time you accrue an additional point. Your automobile insurance premium can end up costing you more than your rent. Or, in some severe cases, the insurance company will refuse to renew your insurance.
There are a few ways to get points off your record. For example, if you don’t get any new points over an entire year, two points will come off your record. If you complete the New Jersey Defensive Driving course, two points will come off your record, and you will receive a 10% discount on your auto insurance.
A much easier approach to managing your points is to not get them in the first place. If you have been issued a ticket for a traffic violation, talking to a traffic offense attorney about your case is a good idea.
Do You Need a Lawyer For Traffic Violations?
If you have been charged with a criminal traffic violation, you need a lawyer to fight on your behalf. Being convicted of a DWI or other criminal traffic violation is serious and can have many unpleasant consequences. You may lose your driver’s license. You may be sent to prison. If you have a job that involves driving, you may lose your job.
If you have been arrested for a DWI based primarily on the results of a Breathalyzer test, call our office today. Breathalyzer tests have been proven to be remarkably inaccurate. In fact, unless the Breathalyzer reading is more than double the legal limit, it does not in any way prove you were DWI. Our attorneys will review your case, and often, we can get the charges dismissed due to inadequate evidence supporting the DWI charge.
If you have received a series of traffic tickets and your points are rapidly increasing, hiring an attorney to argue your case can often result in a dismissal of the charge.
Contact Our Traffic Offense Lawyers for a Free Consultation
Being convicted of a criminal traffic violation can have serious consequences. In addition to the fines, possible prison time, and possible suspension of your driving privileges, there can be other consequences. For example, if you have been convicted of a DWI, you may find it difficult to qualify for a commercial driver’s license (CDL). There have also been cases where individuals have been dismissed from their job after being convicted of a DWI.
DWIs, in particular, can spawn all kinds of associated criminal charges. If there was a child in the car at the time, you could be charged with child endangerment. If you were involved in an accident at the time of the alleged DWI, even if you weren’t at fault, if someone was injured, you could be charged with “assault by auto.” Iit is essential to fight DWI charges in any way possible. You will need an experienced lawyer to assist you in this endeavor.
Call the attorneys at Clark, Clark & Noonan, LLC today for a free consultation. Our lawyers are former prosecutors, so we know how the other side thinks. The majority of traffic violations, even criminal ones, are based solely on the testimony of one police officer. An attorney can help convince the judge that the officer was mistaken, and your case will be dismissed.
We’re available 24/7. Call us today or contact us online for a free consultation. What do you have to lose?