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Traffic Law Frequently Asked Questions

Traffic FAQ
Traffic offenses can be costly in New Jersey. From driving while suspended or without insurance to driving under the influence, tickets can affect your driving status and cost you thousands of dollars in fines, surcharges and increased insurance premiums. Here are some commonly asked questions and answers to help you decide on a course of action. For additional information we invite you to contact us.
 
Q: Should I fight a traffic ticket?
A:  It usually makes sense to fight a traffic ticket.  Pleading guilty as charged can result in a variety of fines, surcharges and unwanted points on your license.  While the state deducts 3 points from your license every 12 months you go without a violation or suspension, insurance companies keep track of points for a far longer period, which can adversely affect your cost of insurance for an extended period of time.

Q:  How many points can I get before I lose my license?
A:  Once you get 12 or more points on your license, it will be suspended.

Q:  When do I start paying surcharges to the State?
A:  If you get 6 or more points within a 3-year period, you will be assessed a surcharge by the State.

Q:  What is the law regarding cell phone use while driving in New Jersey?
A:  It is illegal to talk on a cell phone without a hands-free device while operating a motor vehicle.  Text messaging and video game playing are prohibited while driving.  School bus operators may not use cell phones at all while driving.  Drivers under 21 may not use cell phones while driving at all; even hands-free devices are prohibited to drivers under the age of 21.

Q:  What are the penalties for cell phone use or distracted driving?
A:  You will be charged at least $200 for your first offense.  The second offense will increase to at least $400.  For your third offense (and any subsequent offenses thereafter), you can be charged at least $600, receive 3 points on your license, and face up to a 90-day license suspension.

Q:  What is the legal blood alcohol limit to drive in NJ?
A:  First, drinking and driving is never safe.  Always try to make plans to use a designated driver.  In NJ, you are considered to be driving under the influence when your blood alcohol content (BAC) level is 0.08% or greater.

Q:  What are the penalties for drunk driving in NJ?
A:  A first time conviction for Driving Under the Influence (DUI) with a BAC of between 0.08% and 0.10% is mandatory loss of license for a minimum of 3 months, 12-48 hours in an Intoxicated Driver Resource Center, possible jail time, and a total of at least $1775 in total fines, fees, and surcharges.  As your BAC and number of DUI offenses increase, the penalties also increase.

Q:  How high can the penalties for DUI go?
A:  For third and subsequent DUI offenses, you can serve up to 180 days in jail, up to 90 days community service, 48 hours in the Intoxicated Driver Resource Center, and have an ignition interlock device installed in your car for up to 3 years after a possible 10-year license suspension.  Your sum of fines, fees, and surcharges can total over $5,000.

Q:  When should I contact a lawyer?
A:  If you are unsure whether you should fight a traffic charge of any kind, you should contact an experienced traffic law lawyer to learn your rights.
If you are in Bergen County, contact the experienced traffic attorneys at www.bergencountytrafficlawyers.com for a free no-hassle consultation.