Fines and Penalties of Common Motor Vehicle Offenses

NOTICE TO THE BAR
Fines and Penalties of Common Motor Vehicle Offenses
Published with this notice is a revised schedule of Fines and Penalties of
Common Motor Vehicle Offenses (formerly the “Minimum Mandatory Fines and
Penalties Schedule”). The schedule includes only selected offenses commonly charged
under Title 39 of the New Jersey Statutes, not all chargeable motor vehicle offenses.
Please note that court costs and mandatory assessments are not included in the fine
amounts. The revisions are current through October 2008.
The schedule is being provided for the convenience of municipal court
practitioners. This is the first revision of the schedule since August 2004.
This notice and the appended schedule also will be posted on the Judiciary’s
Internet website (www.njcourtsonline.com).
/s/ Glenn A. Grant
_____________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: December 2, 2008
Fines and Penalties of Common Motor Vehicle Offenses
This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and does not
contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing any
sentence.
The fines listed here DO NOT include court costs, so you may add court costs up to a maximum of $33.00, $5.50 of which may not be
suspended. See N.J.S.A. 22A:3-4. The listed fines also do not include the assessments found in N.J.S.A. 39:5-41, which, as of the date
of this schedule, total $6.00. Reference should be made to this statute to determine the correct amount of the assessments, at the time of
sentencing.
If the "VCCA" box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Agency
assessment of $50 in accordance with N.J.S.A. 2C:43-3.1. Similarly, if the "Safe Neigh." box is checked, the offense is subject to the
mandatory Safe Neighborhood assessment of $75 in accordance with N.J.S.A. 2C:43-3.2.
If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an area which
has been designated as having a speed limit of 65 miles per hour. N.J.S.A. 39:4-98.6. Similarly, if the "Con. Zone/Safe Cor" box is
checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in a
designated safe corridor. N.J.S.A. 39:4-203.5.
October, 2008
In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any offense
found in subtitle 1 of Title 39, N.J.S.A. 39:1-1 to 39:5G-1. See N.J.S.A. 39:5-31.
If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule. REMEMBER
that the payable amounts listed in the Violations Bureau Schedule DO include court costs and assessments, so court costs and assessments
should never be added to the payable amount.
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-6.13(a) Registration card of
apportioned vehicle not in
vehicle
39:3-6.17 $500 $500
Tuesday, October 14, 2008 Page 1 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-9a Failure to notify change in
name
39:3-86 Fine or imprisonment not
exceeding 15 days, or both
$25 $500
39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not
exceeding 15 days, or both
$25 $500
39:3-10 Driving without a license
where offender has never
been licensed in N.J. or
elsewhere
Fine or imprisonment for not more
than 60 days and no license to
issue for at least 180 days
$200 $500
39:3-10 Driving without a license
where the offender has
been licensed in NJ or
elsewhere
Fine or imprisonment in the county
jail for not more than 60 days
None $500
39:3-10.18(a) Failure to possess valid
commercial driver’s license
Fine or imprisonment up to 60
days, or both
$250 $500
39:3-10.18(b) Driving a commercial
vehicle after driver's
license has been
suspended
1) Fine or imprisonment up to 90
days, or both
2) If accident with personal injury
to another occurs while violating
this section, 90 days
imprisonment, $5000 fine and
suspension of commercial driving
privileges in accordance with
N.J.S.A. 39:3-10.20(f)
$500 $5000
39:3-10.24 Refusal to consent to
taking samples of breath
after arrest for operating
commercial vehicle under
the influence pursuant to
N.J.S.A. 39:3-10.13
First offense: Fine and six month
revocation of driver's license, and
satisfy the requirements of a
program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
39:3-10.24 Refusal to consent to
taking samples of breath
after arrest for operating
commercial vehicle under
the influence pursuant to
N.J.S.A. 39:3-10.13
Subsequent offense: Fine and 2
year revocation of driver's license,
and satisfy the requirements of a
program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
Tuesday, October 14, 2008 Page 2 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-12 Illegal securing of driver’s
license
Fine or imprisonment for not less
than 30 days nor more than 90
days, or both
$200 $500
39:3-13.2a Violation of conditions of
the special learner's
permit, other than
conviction of alcohol or
drug related offense
39:3-13.8 $100 $100
39:3-20(e) Weight in excess of
limitation permitted by
certificate of registration for
commercial vehicles
Plus $100 per 1000 lbs. or fraction
thereof of excess weight
$500 none
39:3-20.1 Misuse of registration of
empty trucks
39:3-20.2 Fine and suspension or revocation
of the privilege
$25 $100
39:3-27.11 Misuse of fire department
or first aid squad plates
39:3-27.12 $25 $50
39:3-27.17 Misuse of disabled veteran
plates
39:3-27.18 $25 $50
39:3-27.21 Misuse of commuter van
plates
39:3-27.22 $25 $50
39:3-27.27 Misuse of street rod plates $25 $50
39:3-29 Failure to exhibit
documents
If person can exhibit card to judge,
then judge can dismiss but can
impose costs
$150 $150
39:3-29 Failure of omnibus driver to
exhibit documents
If person can exhibit card to judge,
then judge can dismiss but can
impose costs
$250 $250
39:3-29.8(a) Display/poss fictitious ID 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(b) Lend I.D. card to another 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
Tuesday, October 14, 2008 Page 3 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-29.8(c) Display/represent ID card
not issued to him/her
39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(d) Permit unlawful use of ID
card
39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(e) Utilization of ID card for
forbidden acts
39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(f) Reproduction of I.D. cards 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-29.8(g) Alteration of I.D. cards 39:3-29.10
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:3-35 Lending or misusing
registration certificate or
plates
$25 $50
39:3-37 Falsifying application on
examination
Fine or imprisonment for not more
than 6 months, or both
$200 $500
39:3-38 Counterfeiting plate or
marker
Fine or revocation of driver’s
license not exceeding 6 months
$50 $100
39:3-38 Using other than issued
marker
$25 $50
39:3-40 Driving when license
refused, suspended,
revoked or prohibited
(See attached chart at the end of
the schedule)
39:3-47(c) No altering equipment to
defeat inspection
39:3-79 None $25
39:3-54.7 Unauthorized person
operating emergency lights
39:3-54.13 None $200
Tuesday, October 14, 2008 Page 4 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-54.10 More than 2 emergency
warning lights on vehicle
39:3-54.13 Privilege to operate emergency
warning lights may be suspended
or revoked
None $100
39:3-64(c) Warning signal required for
disabled vehicle
39:3-79 None $25
39:3-66 Maintenance of lamps,
reflectors, etc.
39:3-79 None $25
39:3-69 Horns and audible warning
devices
39:3-79 None $25
39:3-70 Mufflers 39:3-79 None $25
39:3-70.2 Air pollution from motor
vehicles and school buses
Fine is per day/per vehicle $250 $1000
39:3-71 Mirrors 39:3-79 None $25
39:3-72 Tire Equipment 39:3-79 None $25
39:3-74 Windshields must be
unobstructed and equipped
with cleaners
39:3-79 None $25
39:3-75 Safety glass 39:3-79 None $25
39:3-76.2 Sale or operation of vehicle
without safety belts
39:3-79 None $25
39:3-76.2a Restraint or booster seat
for child under age 8
39:3-76.2d Fine shall be suspended if
defendant can prove possession
and use of approved restraint
$10 $25
39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20
39:3-76.5 Failure to equip
motorcycles with
permanent seat and
footrests for passenger
$50 $100
Tuesday, October 14, 2008 Page 5 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:3-79.8 Prohibition of supplying
fuel to vehicle without label
First offense (penalty may be
collected in accordance with
N.J.S.A. 2A: 58-10 et seq.)
$25 $25
Subsequent offense (penalty may
be collected in accordance with
N.J.S.A. 2A:58-10 et seq.)
$50 $50
39:3-80 Vehicle with inferior tires First offense $50 $100
Subsequent offense $100 $200
39:3-81 Tires fitted with projections Penalty may be collected in
accordance with N.J.S.A. 2A:58-
10 et seq.
$25 $50
39:3-84.3(i) Violation of dimensional
limitations
$150 $500
39:3-84.3(j) Violation of weight
limitations
Fine an amount equal to $0.02 per
pound for each pound of the total
excess weight provided the total
excess weight is 10,000 Ibs. or
less, or shall be fined an amount
equal to $0.03 per pound for each
pound of the total excess weight
provided that the total excess
weight is more than 10,000 lbs.,
but in no event should the fine be
less than $50
$50 none
39:3-84.3(l) Violation of designated
routes
First offense none $400
Second offense $700 $700
Subsequent offense $1000 $1000
39:3B-25 School bus driver using
cell phone
$250 $500
39:3C-17(a) Operating snowmobiles/all
terrain vehicles on limited
access highway
39:3C-28 $100 $200
Tuesday, October 14, 2008 Page 6 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-14.4 Sale of bike without
reflectors
39:4-14.8 First Offense None $50
Subsequent Offense $100 $100
39:4-14.10(e) Failure to wear helmet
while operating electric
personal assistive mobility
device violations
39:4-14.11 First offense: Warning none none
39:4-14.11 Second offense $10 $10
39:4-14.11 Third or subsequent offense,
requires court to impound the
device for not more than 30 days.
A person who fails to comply with
the requirements governing
warning notices shall be fined not
more than $100 for each violation.
none none
39:4-36 Driver to yield to
pedestrian at crosswalk
Fine or imprisonment not to
exceed 15 days
$100 $100
39:4-48 Operating or using a
vehicle without consent of
owner
$100 none
39:4-49 Tampering with vehicle First offense $10 $50
Subsequent offense: Fine or
imprisonment not exceeding 30
days, or both
$50 $100
39:4-49.1 Operation of a motor
vehicle while in possession
of controlled dangerous
substance
Fine and 2 years suspension of
driver’s license
$50 none
39:4-50 Operating under the
influence
(See attached chart at the end of
the schedule)
39:4-50.4a Refusal to undergo
breathalyzer test
(See attached chart at the end of
the schedule)
Tuesday, October 14, 2008 Page 7 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-50.14 Operation of motor vehicle
by person whose blood
alcohol is between .01%
and .08% and is under the
legal age to purchase
alcoholic beverages
Loss of license for not less than 30
days nor more than 90 days and
perform community service for not
less than 15 days nor more than
30 days. In addition, must satisfy
program and fee requirements of
the IDRC or participate in a
program of alcohol education and
highway safety. Penalties shall be
in addition to the penalties which
the court may impose under
N.J.S.A. 2C:33-15, N.J.S.A. 33:1-
81, N.J.S.A. 39:4-50, or any other
law
39:4-50.15(b) Parent driving while
intoxicated with child in car
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:4-50.19(b) Circumventing interlock
device
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:4-51a Consumption of alcoholic
beverage by operator or
passenger
First offense $200 $200
Second or subsequent offense:
Fine or 10 days community service
$250 $250
39:4-51b Possession of open
container of alcohol in
passenger compartment
First offense $200 $200
Subsequent offense: Fine or
community service for 10 days
$250 $250
39:4-52 Racing on highway First offense $25 $100
Subsequent offense $100 $200
39:4-53 Leaving vehicle with
engine running
$10 $25
39:4-56 Delaying traffic 39:4-203 Fine and imprisonment for a term
not exceeding 15 days
None $50
Tuesday, October 14, 2008 Page 8 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-56.1 Willful abandonment of
motor vehicle to obstruct
traffic
39:4-56.2 Fine and suspension of driver’s
license not less than 1 year nor
more than 5 years
$200 $500
Subsequent offense: Fine and
suspension of driver's license for 5
years
$500 $1000
39:4-56.5 Abandonment of motor
vehicle
First offense: Fine and license or
driving privileges may be
suspended or revoked by
Administrator of MVC for not more
than 2 years
$100 $500
Subsequent offense: Fine and
license or driving privileges may
be suspended or revoked by
Administrator of MVC for a period
of not more than 5 years
$500 $1000
39:4-56.8 Failure of towing service to
tow disabled vehicle
$25 $50
39:4-63 Placing, throwing, or
depositing injurious
substances on highway
Fine and may forfeit right to
operate a motor vehicle for 30 days
$100 $500
39:4-64 Throwing or dropping
debris from a vehicle
$200 $1000
39:4-66.2 Operation of motor vehicle
on public or private
property to avoid traffic
signal
Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-67 Obstructing passage of
vehicles
39:4-203 Fine and imprisonment for a term
not exceeding 15 days, or both
None $50
Tuesday, October 14, 2008 Page 9 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-76 Driving overweight vehicle
on interstate bridge
$0.02 per pound for each pound of
excess weight if the excess does
not exceed 10,000 pounds, and
$0.03 per pound for each pound of
excess weight if the excess weight
exceeds 10,000 pounds, but in no
event less than $50.00. In
addition, the owner of the vehicle
shall be responsible for damages
to the bridge
$50 none
39:4-77.1 Snow or ice falling off
moving vehicle- noncommercial
vehicle
$200 $1000
39:4-77.1 Snow or ice falling off
moving vehiclecommercial
vehicle
$500 $1500
39:4-80 Failure to obey directions
of officer
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-81 Failure to obey traffic
control device
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-82 Failure to keep right 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-82.1 Failure to drive on righthand
roadway
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-83 Failure to keep to right at
intersection
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-84 Failure to pass to right
when proceeding in
opposite direction
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-85 Failure to pass to left when
overtaking
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-85.1 Wrong way on one-way
street
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
Tuesday, October 14, 2008 Page 10 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-86 Failure to overtake and
pass properly
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-87 Failure to give overtaking
vehicle right of way
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-87.1 Failure to yield to bus 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-88 Failure to drive properly in
marked lanes
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-89 Following vehicle too
closely
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-90 Failure to yield right of way
at intersection
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-90.1 Entering or leaving limited
access highways
improperly
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-91 Failure to yield right of way
to emergency vehicles
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-92 Failure to pull over for
emergency vehicles and
following an emergency
vehicle too closely
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-92.1 Following fire department
vehicle too closely back to
fire station
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-94 Train unnecessarily
blocking highway
39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-96 Reckless driving First offense: Fine or
imprisonment not exceeding 60
days, or both
$50 $200
Second or subsequent offense:
Fine or imprisonment not
exceeding 3 months, or both
$100 $500
Tuesday, October 14, 2008 Page 11 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-97 Careless driving 39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-97a Motor vehicle operation
causing property damage
39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-97.1 Slow speed as to block
traffic
39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-97.2 Operating a motor vehicle
in an unsafe manner,
endangering persons or
property
First offense; $250 surcharge $50 $150
Second offense; $250 surcharge $100 $250
Third or subsequent offense; $250
surcharge
$200 $500
39:4-97.3 Operating a motor vehicle
while using a cell phone
39:4-97.3(d) If used as an alternative in a plea
agreement, then same as penalty
for N.J.S.A. 39:4-97.2
$100 $100
39:4-98 Speeding 39:4-104
39:4-98.7
Fine or imprisonment not
exceeding 15 days, or both when
guilty. Fine doubled when driving
20 mph over speed limit or 10 mph
over in a 65 mph zone
$50 $200
39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-116 Failure to make proper turn
at arrow
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-117 Special pedestrian interval;
pedestrian violation
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-117 Special pedestrian interval;
motorist violation
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
Tuesday, October 14, 2008 Page 12 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-119 Failure to observe flashing
traffic signals
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-120.9 Motorists required to obey
traffic control device at
public-private intersection
39:4-120.10
39:4-203
Fine or improsonment for a term
not exceeding 15 days, or both
$50 $200
39:4-122 Failure to obey whistle of
police officer
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-124 Failure to turn as indicated
by buttons or markers at
intersection
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-125 U-Turn on curve or grade
where view obstructed or
"No-U-Turn" sign
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-126 Failure to signal before
starting, turning or stopping
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-127.1 Failure to stop at railroad
crossings
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-127.2 Failure to stop at
approaches to movable
span bridges
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-128.1 Passing school bus while
picking up or discharging
First offense: Fine or
imprisonment not exceeding 15
days or 15 days community
service, or both
$100 none
Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 none
Tuesday, October 14, 2008 Page 13 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-129(a) Leaving the scene of
accident involving injury or
death
First offense: Fine or 180 days
imprisonment, or both, and
suspension of driving privileges for
1 year from date of conviction.
Imprisonment shall be imposed
only if death or injury to another
person
$2500 $5000
Subsequent offense: Fine or 180
days imprisonment from date of
conviction, or both, and permanent
forfeiture of driver's license.
Imprisonment shall be imposed
only if death or injury to another
person
$2500 $5000
39:4-129(b) Leaving the scene of
accident involving
damages to attended
vehicle or property
First offense: Fine or
imprisonment not exceeding 30
days, or both, and suspension of
driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 90 days, or
both, and suspension of driving
privileges for 1 year from date of
conviction
$400 $600
39:4-129(d) Leaving the scene of
accident involving
damages to unattended
vehicle or property
First offense: Fine or
imprisonment not exceeding 30
days, or both, and suspension of
driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 90 days, or
both, and suspension of driving
privileges for 1 year from date of
conviction
$400 $600
39:4-130 Failure to report accident $30 $100
Tuesday, October 14, 2008 Page 14 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:4-132 Failure of repairman to
report damages
Fine or imprisonment not less than
30 days nor more than 90 days, or
both
$100 $500
39:4-144 Failure to obey "Stop" or
"Yield Right of Way" signs
39:4-203 Fine or imprisonment not
exceeding 15 days, or both
$50 $200
39:4-207.9 Failure to maintain
handicapped parking space
$500 $1000
39:4-208 Improper traffic & parking
on State property
39:4-209 $1 $15
39:4-208 Altering, conterfeiting or
misuse of State parking
permits
39:4-209 none $50
39:5C-1 Racing or making speed
records
First offense; disorderly persons
offense
$25 $100
Subsequent offense: Fine or
imprisonment for not more than 90
days or both; disorderly persons
offense
$100 $200
39:6B-2 Failure to carry motor
vehicle insurance coverage
First offense: Fine and a period of
community service as determined
by the court, and suspension of
driving privileges for 1 year
$300 $1000
Subsequent offense: Fine and
shall be subject to 14 days
imprisonment, and 30 days
community service and
suspension of driving privileges for
2 years from date of conviction
none $5000
39:8-18 Affixing approval sticker
without re-inspection or
conformity to standards
First offense: Fine and suspension
of re-inspection center’s license
for at least 1 year but not more
than 3 years
$1000 $1500
Subsequent offense: Fine and
permanent revocation of
reinspection center's license
$2000 $3500
Tuesday, October 14, 2008 Page 15 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:8-48 Private agency affixes
certificate without motor
vehicle inspection
Possible suspension of facility
license for a period of not less
than 6 months
$500 None
39:9-2 Commercial driver
exceeding maximum
permitted on-duty hours
39:9-4 First offense: If default in payment
of fine, defendant shall be
imprisoned for not more than 5
days
$25 $25
Subsequent offense: If default in
payment of fine, defendant shall
be imprisoned for not more than
10 days
$50 $50
39:10-10 Failure to deliver certificate
of ownership
$25 $25
39:10-11(a) Fail to submit evidence of
purchase to director
39:10-20 First offense None $500
Subsequent offense: Suspend
driver's license for less than
unexpired term or revoke
None $1000
39:10-12 False application for a
duplicate certificate of
ownership
Fine or imprisonment not
exceeding 30 days, or both
$200 $500
39:10-26 Motor vehicle dealer selling
vehicle that does not meet
standard
39:10-30
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:10-27 Seller of used vehicle fails
to make repair
39:10-30
2C:43-3
2C:43-8
Imprisonment shall not exceed 6
months; disorderly persons offense
None $1000
39:10B-2 Identification of motor
component parts: Violation
of record maintenance
requirements
Fine or imprisonment not
exceeding 90 days, or both.
$25 $100
39:11-3 Operating a junk yard
without a license
39:11-11 Fine or imprisonment not
exceeding 90 days, or both
$25 $100
Tuesday, October 14, 2008 Page 16 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:11-9 Failure of junk yard owner
to certify the condition of
vehicles sold
39:11-11 Fine or imprisonment not
exceeding 90 days, or both
$25 $100
39:12-2 Operating a driving school
without a license
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
39:12-2.1 Failure of driving school
instructor to receive
required training
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
39:12-5 Driving school employing
an unlicensed instructor
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
39:12-11 Driving school failing to
keep records
39:12-12 First offense: Fine or
imprisonment not less than 10
days nor more than 30 days, or
both
$100 $250
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 3 months, or
both
$250 $500
Tuesday, October 14, 2008 Page 17 of 18
N.J.S.A. Description Penalty
N.J.S.A.
Additional Penalties Minimum Maximum 65
MPH
Con. Zone
Safe Cor VCCA
Safe
Neigh. Payable
39:12-15 Failure to wear seat belts
in driver's school
(instructor and student)
First offense $25 $25
Subsequent offense $50 $50
Tuesday, October 14, 2008 Page 18 of 18
October 6, 2008
Page 1 of 13
N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50(g)
Offense 39:4-50
Driving while intoxicated
1st Offense - BAC 0.08% or - $250 to $400 fine, and
higher, but less than .10% or
observation case - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for a period of 3 months, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation programs either a condition of probation or a form of
community service, and
- may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.
1st Offense - BAC 0.10% or - $300 to $500 fine, and
higher or operation under
influence of drugs - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for not less than 7 months nor more than 1 year, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation program as either a condition of probation or a form of
community service, and
October 6, 2008
Page 2 of 13
1st Offense – BAC 0.10% Cont. - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.
- $500 to $1000 fine, and
2nd Offense
- imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on
probation, nor more than 90 days, and
- driver's license suspension for 2 years, and
- community service for 30 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form
of community service, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
shall revoke all registration certificates and registration plates for 2 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.
3rd or Subsequent Offense - $1000 fine, and
- imprisonment not less than 180 days in county jail or workhouse, except that the court may order
defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient
rehabilitation program approved by the IDRC, and
- driver's license suspension for 10 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form
of community service, and
October 6, 2008
Page 3 of 13
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
shall revoke all registration certificates and registration plates for 10 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2- day term of imprisonment and driver's license suspension until requirements
are satisfied.
Please Note Please Note: If the second offense occurs more than 10 years after the first offense, the court
shall treat the second conviction as a first offense for sentencing purposes. If the third offense
occurs more than 10 years after the second offense, the court shall treat the third conviction as
a second offense for sentencing purposes.
October 6, 2008
Page 4 of 13
Offense 39:4-50(g)
Driving while intoxicated while on school property
1st Offense - $500 to $800 fine, and
- imprisonment not exceeding 60 days, and
- driver's license suspension for not less than 1 year nor more than 2 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are
satisfied.
2nd Offense - $1000 to $2000 fine, and
- imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on
probation, nor more than 180 days, except that the court may lower such term for each day, not
exceeding 90 days, served performing community service, and
- driver's license suspension for 4 years, and
- community service for 60 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are
satisfied.
October 6, 2008
Page 5 of 13
3rd or Subsequent - $2000 fine, and
- imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the
defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient
rehabilitation program approved by the IDRC, and
- driver's license suspension for 20 years to start upon completion of any prison sentence, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are
satisfied.
October 6, 2008
Page 6 of 13
N.J.S.A. 39:4-50.4a
Offense 39:4-50.4a
Refusal to submit to chemical test (penalty provision at N.J.S.A. 39:4-50.4a(a)
1st Offense - $300 to $500 fine, and
- driver's license suspension not less than 7 months or more than 1 year (consecutive to any revocation
imposed under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the
suspension may be concurrent), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $500 to $1000 fine, and
- driver's license suspension for 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50),
and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $1000 fine, and
- driver's license suspension for 10 years (consecutive to any revocation imposed under
N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008
Page 7 of 13
Offense 39:4-50.4a
Refusal to submit to chemical test on school property (penalty provision at N.J.S.A. 39:4-50.4a(b)
1st Offense - $600 to $1000 fine, and
- driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation
imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $1000 to $2000 fine, and
- driver's license suspension for 4 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50),
and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $2000 fine, and
- driver's license suspension for 20 years (consecutive to any revocation imposed under
N.J.S.A. 39:4- 50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008
Page 8 of 13
N.J.S.A. 39:3-40 October, 2008
Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a
period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e).
Offense 39:3-40
Driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense. (N.J.S.A. 39:3-40(j)).
3rd or Subsequent
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 9 of 13
Offense 39:3-40 (f) (1)
Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more than 30 months, and
- may impose imprisonment not more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- may impose period of imprisonment of not more than 90 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1500 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- imprisonment for not less than 10 days, nor more than 90 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 10 of 13
Offense 39:3-40 (f) (2)
Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
1st Offense
- $1000 fine, and
-driver's license suspension of not less than 12 months, nor more than 30 months, and
-imprisonment of not less than 10 days, nor more than 90 days, and
-revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1)
2nd Offense
-$1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 11 of 13
Offense 39:3-40 (f) (3)
Driving while license suspended in a school zone due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)
1st Offense
- $1000 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 60 days nor more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 120 days nor more than 150 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment for 180 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 12 of 13
Offense 39:3-40 (g)
Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008
Page 13 of 13
Offense 39:3-40(i)
Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or
for failure to comply with a time payment order.
1st Offense
- maximum $100 fine upon proof that the violator has satisfied the parking tickets