13:19-10.1 Point assessment

N.J.A.C. 13:19-10.1

§ 13:19-10.1 Point assessment


Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:


Section Number
Offense
Points
1.
N.J.S.A. 27:23-29
Moving against traffic--New Jersey
2
Turnpike, Garden State Parkway, and
Atlantic City Expressway
2.
N.J.S.A. 27:23-29
Improper passing--New Jersey
4
Turnpike, Garden State Parkway, and
Atlantic City Expressway
3.
N.J.S.A. 27:23-29
Unlawful use of median strip--New
2
Jersey Turnpike, Garden State
Parkway, and Atlantic City Expressway
4.
N.J.S.A. 39:3-20
Operating constructor vehicle in
3
excess of 45 mph
5.
N.J.S.A. 39:4-14.3
Operating motorized bicycle on a
2
restricted highway
6.
N.J.S.A. 39:4-14.3d
More than one person on a motorized
2
bicycle
7.
N.J.S.A. 39:4-35
Failure to yield to pedestrian in
2
crosswalk
8.
N.J.S.A. 39:4-36
Failure to yield to pedestrian in
2
crosswalk; Passing a vehicle
yielding to pedestrian in crosswalk
9.
N.J.S.A. 39:4-41
Driving through safety zone
2
10.
N.J.S.A. 39:4-52 and 39:5C-1
Racing on highway
5
11.
N.J.S.A. 39:4-55
Improper action or omission on
2
grades and curves
12.
N.J.S.A. 39:4-57
Failure to observe direction of
2
officer
13.
N.J.S.A. 39:4-66
Failure to stop vehicle before
2
crossing sidewalk
14.
N.J.S.A. 39:4-66.1
Failure to yield to pedestrians or
2
vehicles while entering or leaving
highway
15.
N.J.S.A. 39:4-66.2
Operating a motor vehicle on public
2
or private property to avoid a
traffic control signal or sign
16.
N.J.S.A. 39:4-71
Operating a motor vehicle on a
2
sidewalk
17.
N.J.S.A. 39:4-80
Failure to obey direction of officer
2
18.
N.J.S.A. 39:4-81
Failure to observe traffic signals
2
19.
N.J.S.A. 39:4-82
Failure to keep right
2
20.
N.J.S.A. 39:4-82.1
Improper operating of vehicle on
2
divided highway or divider
21.
N.J.S.A. 39:4-83
Failure to keep right at intersection
2
22.
N.J.S.A. 39:4-84
Failure to pass right of vehicle
5
proceeding in opposite direction
23.
N.J.S.A. 39:4-85
Improper passing on right or off
4
roadway
24.
N.J.S.A. 39:4-85.1
Wrong way on a one-way street
2
25.
N.J.S.A. 39:4-86
Improper passing in no passing zone
4
26.
N.J.S.A. 39:4-87
Failure to yield to overtaking
2
vehicle
27.
N.J.S.A. 39:4-88
Failure to observe traffic lanes
2
28.
N.J.S.A. 39:4-89
Tailgating
5
29.
N.J.S.A. 39:4-90
Failure to yield at intersection
2
30.
N.J.S.A. 39:4-90.1
Failure to use proper entrances to
2
limited access highways
31.
N.J.S.A. 39:4-91 and 39:4-92
Failure to yield to emergency
2
vehicles
32.
N.J.S.A. 39:4-96
Reckless driving
5
33.
N.J.S.A. 39:4-97
Careless driving
2
34.
N.J.S.A. 39:4-97a
Destruction of agricultural or
2
recreational property
35.
N.J.S.A. 39:4-97.1
Slow speed blocking traffic
2
36.
N.J.S.A. 39:4-97.2
Driving in an unsafe manner (points
4
only assessed for the third or
subsequent violation(s) within a
five year period)
37.
N.J.S.A. 39:4-98 and 39:4-99
Exceeding maximum speed 1-14 mph
2
over limit
Exceeding maximum speed 15-29 mph
4
over limit
Exceeding maximum speed 30 mph or
5
more over limit
38.
N.J.S.A. 39:4-105
Failure to stop for traffic light
2
39.
N.J.S.A. 39:4-115
Improper turn at traffic light
3
40.
N.J.S.A. 39:4-119
Failure to stop at flashing red
2
signal
41.
N.J.S.A. 39:4-122
Failure to stop for police whistle
2
42.
N.J.S.A. 39:4-123
Improper right or left turn
3
43.
N.J.S.A. 39:4-124
Improper turn from approved turning
3
course
44.
N.J.S.A. 39:4-125
Improper "U" turn
3
45.
N.J.S.A. 39:4-126
Failure to give proper signal
2
46.
N.J.S.A. 39:4-127
Improper backing or turning in street
2
47.
N.J.S.A. 39:4-127.1
Improper crossing of railroad grade
2
crossing
48.
N.J.S.A. 39:4-127.2
Improper crossing of bridge
2
49.
N.J.S.A. 39:4-128
Improper crossing of railroad grade
2
crossing by certain vehicles
50.
N.J.S.A. 39:4-128.1
Improper passing of school bus
5
51.
N.J.S.A. 39:4-128.4
Improper passing of a frozen dessert
4
truck
52.
N.J.S.A. 39:4-129
Leaving the scene of an accident
No personal injury
2
Personal injury
8
53.
N.J.S.A. 39:4-144
Failure to observe "stop" or "yield"
2
signs
54.
N.J.S.A. 39:5D-4
Moving violation Out-of-State
2
Consequences of a Criminal Guilty Plea

1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.

4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.

6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

8. You must wait 5-10 years to expunge a first offense. 2C:52-3

9. You could be put on Probation.

10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.

11. You may be required to do Community Service.

12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.

14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.

15. You lose the presumption against incarceration in future cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court.