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Frequently Asked Traffic FAQ's

Posted by Richard Sopko on Oct 24 2017

Everyday people call the Simon Law Group looking for advice and consultation about their traffic tickets. Often they have the same questions for us which is understandable. Whether it’s your first ticket or your fiftieth it’s always a stressful experience. We thought it would be helpful to compile five of our most frequently asked questions.

Do points on my license transfer between states?

Whether you’re in the garden state for business or pleasure, if you get a ticket in New Jersey, many people aren’t sure if that’s going to be reflected on their license. The short answer is… it depends. Each state has unique laws about what transfers and what doesn’t. Our closest neighbors New York and Pennsylvania don’t transfer the points but there can be an associated fine. The strongest argument for seeking out representation if you’re out of state is due to the potential spike in insurance premiums. You may also file for an affidavit, which means you would not have to appear before the court.

How long do points stay on my license?

Usually a maximum of three points can be removed a year from the moving violation. That is if you have gone the entire year without committing any further infractions. If you receive 6 points or more during a 3 year span, you will be made to pay a surcharge. The surcharge is a fine you have to pay for three years usually around 150. This is in addition to whatever court fees and fines you have also incurred. After 12 points you will have your license suspended. It can automatically be suspended if you have committed infractions such as driving without insurance or even failure to pay child support.

What is the difference between reckless and caring driving?

In some states such as New York there is no difference between careless and reckless driving one is built into the other. In New Jersey however there is a subtle but important difference which results in careless driving being a lesser charge. What separates them is in the perceived intent. NJ 39:4-96 states “A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving.” This means that the driver is intentionally going out of their way to potentially cause damage to someone or something. Careless driving is sort of a sweeping term used for a variety of minor infractions, as NJSA says, “a person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.” It’s often a simple matter of not paying enough attention to the road or being momentarily distracted.

How can I receive a ticket when I wasn’t pulled over?

Opening your mail and finding a traffic ticket amongst the junk can be a big surprise. This happens with surprising frequency and is legal in New Jersey. The reasons for it are varied but one example would be that while during a stop the officer sees another violation, instead of leaving in the middle of the stop he’d take the license plate and description of the driver. Often they’re hoping the ticket will just be paid and not thought much else of. A good attorney will be able to determine if the officer has met the burden of proof.

What sort of fine am I going to pay?

This may be the question we get asked the most, and the hardest to answer. Every court in New Jersey has its own associated fines and fees. The benefit of a good attorney will help to keep those fees as low as possible, but we would have to be psychic to know what they were going to be before the court date.

I hope that these very broad questions helped in some way, maybe just as a refresher in things you already know. If you have received a traffic ticket and are seeking representation please reach out to the Simon Law Group for a free consultation.

If you are seeking representation for a traffic violation, call today for a free consultation 800-709-1131 or fill out a contact form on our website for a no-cost consultation. We hope to hear from you today!

Further Reading:

NJ Speeding Ticket FAQ's

Topics: Traffic Violations, National Highway Traffic Safety Administration, TrafficStop, Traffic Attorney, Traffic

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