1. Violations of N.J.S.A. 39:4-97.2 will now include a $250 surcharge. The surcharge will be imposed
on a one-time basis in municipal court and will be collected by the court. The surcharge will be
imposed and collected in addition to any fine imposed. First and second offenses remain non-point
violations. Approx $436
2. For motorists who are assessed 6 or more penalty points within a three-year period, there will be an increased surcharge. Such motorists will now be required to pay $150 for the first 6 points and $25 for each point beyond 6. The old surcharge was $100.
I It is important for practitioners to remember that it is the assessment of points during a 3 year
period, not the accumulation of points, that triggers the surcharge. Thus, various annual point
credits will not affect the imposition of this surcharge.
As a result of the foregoing, a first offender charged with 39:4-97.2 may face a total cost in municipal
court of $436. (150 fine + 6 assessments + 30 costs + 250 surcharge). Also, remember, the fine
amount can be doubled in construction zones and safe corridors areas.
39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.
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