Monday, January 02, 2012

Fines and Penalties of Common Motor Vehicle Offenses

Kenneth Vercammen Law Office
(732) 572-0500
Edison, NJ
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. 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.
AND ASSESSMENTS, so court costs and assessments should never be added to the payable amount.