Thursday, July 28, 2011

Fines and Penalties of Common Motor Vehicle Offenses


January 10, 2011

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. This schedule is current to January 10, 2011.

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. 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 total $6.00. Refer to this statute to determine the correct assessment.

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. N.J.S.A. 39:5-31. As per State v. Moran, 202 N.J. 311, in

evaluating the concept of "wilful," in determining whether/how long to revoke a license, a judge should consider: 1) nature/circumstances of defendant's conduct, including whether it posed high risk of danger or caused physical harm or

property damage; 2) defendant's driving record; 3) whether defendant was free of driving infractions for a substantial period before violation; 4) whether character and attitude of defendant indicates likelihood of committing another violation; 5) whether

defendant's conduct was result of circumstances unlikely to recur; 6) whether license suspension would cause excessive hardship; 7) need for personal deterrence. The reasons for suspension must be articulated by the judge on the record.

If the VCCO box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Offense assessment of $50. 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. 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 designated with 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.

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.

Additional Con.

N.J.S.A. Description Penalty- N.J.S.A. Penalties Minimum Maximum 65 MPH Zone VCCO SafeNeigh. Payable


39:3-4 Driving or parking unregistered motor vehicle None $100 x


39:3-6.13(a) Registration card of apportioned vehicle

not in vehicle. 39:3-6.17 $500 $500


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 or with an expired license

where offender has never been licensed in N.J. or

elsewhere (listed 39:3-10B in ATS)

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 or with an expired license

where the offender has been licensed in NJ or

elsewhere (listed 39:3-10A in ATS)

Fine or imprisonment in the county jail for not more

than 60 days (when paying through the Violations

Bureau, defendant must attach copy of valid license)

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 $500 $5000

2) If accident with personal injury to another occurs

while violating this section, 90 days imprisonment,

$5000 fine