Insurance and NJ No-Point Ticket option

dlz1

on the ticket it didn't say reckless driving and it was at 3am with no traffic at all so I was wondering what I'd actually be charged with and if there'd be any points.
Um...this is also a first offence for me so any help would be appreciated.

qbrozen

huh?
if you got charged with 66 in a 35, then its a speeding ticket.
Are you wondering about the fact its 31 mph over? That just means its a 5 point ticket, rather than 4 or 2.

http://www.state.nj.us/mvc/cit_violations/d_vp_pnf.html

qbrozen

huh?
if you got charged with 66 in a 35, then its a speeding ticket.
Are you wondering about the fact its 31 mph over? That just means its a 5 point ticket, rather than 4 or 2.

http://www.state.nj.us/mvc/cit_violations/d_vp_pnf.html

dlz1

ok, cool, thanks
but ah...in the statute #, the cop wrote the wrong one
putting one that isn't as severe as a 5pt speeding(it was a 2pt)
would i be able to use that to as an excuse to talk down pts?

qbrozen

good question. I don't know.
Maybe you could call a lawyer for some free consultation?
I'm wondering if it would be possible to pay the 2-pt fine and get just 2 pts. If that were the case, I certainly wouldn't risk going to court and having them correct the mistake.

lilprincess

I know that every year you go without a moving violation in nj you have point(s) removed- does anyone know how many and if having a license suspended in that year for less the 2 days disables you from removing points?

qbrozen

every year with no moving violations in NJ deducts 3 points from your license ... keep in mind this does not apply to insurance.

I have no idea what you mean by your 2nd part to the question. Why was your license suspended, if not for a moving violation, and why was it only 2 days?

animelchild9

i just got a ticket for going 90 in a 65 on some highway in NJ and i got pulled over by a statie. i have gotten one ticket before and did a plea to get no points... i know in Jersey you can do 2 of these without getting a lawyer, but i was wondering if it is possible to use my second for a 4 points ticket.... im only 18, so... i definatly dont want my rates to go up, so im looking for a ploy to do this, then i saw one of you guys mention the NJM insurance policy of up to 4 points causes no insurance increase...... if i change my insurance policy before I go to court... will the 4 points be sent to NJM causing jack crap to happen, or will it be sent to my current company, which is under my parents??? also, does anyone have the name of a good (and cheap) speeding ticket lawyer that does central-ish jersey??? you can email me the info at schwarzmann@susqu.edu

qbrozen

first off, its never a good idea to post your email out in the open on a message board. Spammers have ways of seeking that out. What you should do is include it in your profile, that way any other members can click on your name and get to see your address that way.

now... your ticket. I don't have an answer to most of what you are asking. I can tell you that, unless you, your family, or your employer has a history with NJM, I'm not sure you can even get a policy with them. It used to be you couldn't, but maybe they've relaxed their rules by now. And, yes, no matter what company you are with, they will know about the point, there is no way around it. If you are going to switch, however, you should do it now, rather than later. If NJM will take you, you can get with them under good terms, then they will forgive the one ticket (unless they feel like you tried to pull something ... you never know). But if you already have a ticket before trying to switch, they may not want you. Its all a crapshoot.

gio_xxxx

Hi everybody! I heard new commercial about insurance company that don't cares about points. is that real? if it so pleas if anyone knows contacts pleas replay thanks!

beemer8

Got two tickets recently on rte 78, yes, I was speeding, 75/65. I was in the left lane, a car came up behind me. I had to accelerate as it was right on me. When I had a chance I moved to the middle,then right lane, much to my surprise the car was behind me! I attempted to move agan to the middle lane when he put his lights on, it was a stattie. He never identified himself until then. When he came to my car I told him that he didn't identify himself, he didn't say a word. Anyway, he comes back and gives me two tickets. One for doing 86/65 and another for unsafe lane change! I haven't had a ticke in four years. What should I do/say when I go to court?
Tks for the response.

goneontheroad

i've been awake for 28.5 hours. drove 260 miles today (40 miles in bumper to bumper stop and go, in NY) at the 25 hour mark, 12.30 am. i'm on an empty 295 in NJ. EIGHT miles from home(8) the home stretch. guess i was just eager to get home, desperate, State trooper pulls me over, says i was doing 85 in a 55. i may have been, probably was, even. he thumbs through my stack of PBA cards, hears my pathetic story. smacks me with the ticket for 85 in a 55. i did the research, 5 pointer. i'm 22, i've made my mistakes early. had speeding tickets here and there, did the driving school. i have not been stopped by a cop in 3-4 years, though. i know in the passed, i've spoken with the prosecutor, to get less points... .so my questions

1.does the 30 miles + ticket carry any sort of wreckless driving penalties?
2.what is the name of the "law/statute/thing" that allows you to pay the random fees and get less points. a prosecutor in the past as thrown a name, or numbers at me that that "thing"goes by. anyone know it?
3. knowing what we know, i'm just looking to to save as much money in the long run. i'm sure the answer's obvious, i just need confirmation. i really only have two options - accept my fate...pay ridiculous premium forever. or 2, get it dropped down to a 3...MAYBE 2 pointer, pay exorbatant courtroom fees. so... is there a 3rd option? and which do you recommend.
i've been beated down, i just need to the most effective way to save my mother and i (same insurance) the most money for my mistake/terrible luck.
any advice is appreciated.
thanks,
steve

johnette

I looked on line at the NJ facts point system documents, and they say UP TO 3 points. Does anyone know how they calculate how many points will actually get deducted after a year. Does any have actual experience with this and had 3 points taken off after a year without moving violations?

johnette

Here's the NJ point system document off the web: http://www.state.nj.us/mvc/manual/DI-258.pdf

Answers to your questions
(1) doesn't look like over 30 carries anything else but 5 points
(2) 39:4-97.2 is driving in an unsafe manner and carries no points until the 3rd offense. However, I think you'll be hard pressed to get a 5-pointer down to this.
(3) Would just go to court and try to get your ticket down to as few points as possible, but I think you're going to end up with a 2-3 pointer. It wasn't my understanding that you had to pay anything extra to go to court (unless of course you hire a lawyer). See previous postings -- just go in pleading not guilty. Talk with the prosecutor. Possibly ask for driving in unsafe manner. He/she may not accept this, but will usually bump the ticket down at least.

Good luck!

qbrozen

if you have less than 3 pts on your license, they can't deduct 3 pts; therefore it is UP to 3 pts.

lilprincess

My license was suspended because I didn't pay the insurance surcharge to the state on time. I paid the resoration fee as soon as i figured out what i had stupidly done which was the day after I found out. I heard from someone that if your license is suspended they don't count the year but it was a rumor so i'm not sure. Thanks

qbrozen

ok. gotcha. I'm sorry I don't have an answer, though. Try contacting DMV.

draymond2

Same thing happened to me a week ago, going through Dallas from SanAntonio, son grad from AirForce boot camp. Was paying attention going 80 in 65 zone. I was daydreaming, cop came up on top of me with no lights and I immediately changed lanes to get out of his way(wishful thinking) Cop cited me for speeding on no turn signal for lane change. Ticket was for $392.00, my wife had a cow...I'm 45yrs old and my first speeding ticket ever, can't believe the cost!! :mad:

xerphon

I live in New Jersey and I just got my first speeding ticket, my driving record is/was perfect. 70 MPH in a 40 MPH zone, which is 30 MPH over and 5 points. Now having never dealt with anything like this before I really don't know what to do. My cousin said I should plead not guilty and see if I can get it dropped to an unsafe driving considering my record is clean he thinks the prosecutor might go for it. If anyone has any advice it would be greatly appreciated, thanks!

vtownwhat

i like in northern nj this is my first ticket ever and i am on the "provisional lisence" (aka i am still 17). i got pulled over for 83 in a 55 on rt 23. so its a 39.4-98 for 25- 29 over which means its 4 points and $220.he also got me for obstruction of view.... for the radar detector in my winshied that didnt go off. thats only $54 but still more than i like since i am like broke! is there anyway to plead this down to like no points and one huge amount of money or anything with no points!?!?!

please help and thanx for ur time

fortune1

Hi Everybody,
I would really appreciate if somebody could help me with this as this is the first time I have ever got a ticket.
1. Without hiring a lawyer can I get my 4-pointer reduced to No Point (Unsafe driving) option or a lawyer is a must.
2. If I get No point ticket will my insurance premium go up, am having Gieco.
3. After getting No point ticket (Unsafe Driving), while applying for insurance to I say I had a speeding violation or the violation has changed.

Any help on the above questions will be highly appreciated; I just cannot afford high insurance premiums.
Plz Help!!

fanshawe23

Getting a 4-pointer reduced to Unsafe driving is, in my opinion only, a combination of whether you have a lawyer, whether the county court prosecutor is generally lenient, and whether you have prior serious traffic violations.

You have the best chance of getting a 4-pointer reduced to 0 if you have a lawyer AND the prosecutor is nice AND if you have no previous tickets. I'm not saying you can't do it with one (or even two) of the three conditions missing, but it'll certainly make your chances better if you have all three.

On the other hand, if you don't have a lawyer and if the prosecutor is not feeling nice that day and you have previous tickets, I'd say your chances are pretty much nil.

A lawyer will cost you around $500, try to talk to an attorney in or around Lodi who specializes in traffic violations and knows the prosecutor. The initial consultation should be free, and he/she should be able to let you know what your chances are with your situation of getting the point reduction.

Keep in mind, though, that some insurance companies give you a freebie on your first 2-pointer. And you can get your 4-ptr reduced to 2 easily by yourself, by just showing up to court and pleading innocent.

fortune1

Thanks Sir on all the inputs, let me explain more about it
1. It was my first violation, no traffic tickets in past at all.
2. Lawyer is charging $350, I was thinking if he is going to use "unsafe driving" statue why cannot I represent my self and do it; what's your take on it.
Yeah surely Prosecutor's nature also matters...
Seeing all this what is the best you suggest. Eagerly waiting for your advice. Thanks

fanshawe23

Of course you *can* represent yourself, and while even with a lawyer it's no guarantee that you'll get the Unsafe Driving option with a 4-pt ticket, IMO your chances will be better with a lawyer, especially if the lawyer already knows the prosecutor.

hfizzle

I was on I-295 @ 11:00am and got pulled over by a statie. got two tickets. 97 in a 65(32 over) and reckless driving. they are both 5 point tickets i a most definitely cannot afford to pay the insurance if/when it sky rockets. court is in 2 days and i plead not guilty already. how can i get this ticket down in points regardless of the accompanying fines. thank you for any helpfull advice

qbrozen

interesting post title. I don't believe you can call it bad luck when you are driving 32 miles over the limit, however. That's basically screaming "pull me over!!"

In any case, for 10 points, you better get a lawyer to help you on this one.

hfizzle

i cant afford a lawyer especially with such late notice. i already know it wuz a big f*** up. especially with my parents. im lucky they still let me drive. still back to the issue i still need help.

qbrozen

I don't know what kind of help you are hoping to get. Without a lawyer present, all you can do is kiss the prosecutor's behind as much as possible and hope for the best. explain that you would really like to avoid points, at any cost.

by the way, there's a very good chance a lawyer would have been cheaper than the insurance hike you will get after this is over (assuming you still wind up with at least 4 points, probably more).

dan_r242000

My problem is the other night i was coming home from work and this guy in a worked up truck (fast) pulls next to me, i drive a camaro z28, so this guy wanted to race me, now i dont usually race but this guy was staying next to me coaxing me into racing him.... so finally i just gave in and raced him now little did i know behind us was a sherrif in an unmarked blazer, he saw it all, got my plate...little did i know, so after the race the other guy took off and i pulled into get gas. there was a cop sitting in the parking lot drinkin coffe he looks at my car and starts walking over the, the sherrif had gotten my plate and description on the radio. now the cop tells me to wait here. so i do, the sheriff that saw me came up and said yeah this is the guy, so they run my materials and everything comes back clean, i have a squeaky clean driving record by the way. THe sheriff comes back and says hes gonna let me go because of my clean record so i say thank u and i went on my way.. two days later i get 2 tickets in the mail signed by the sherrif a reckless and a careless driving ticket. I have to appear in court as checked off on the tickets. I am going to plead not guilty as to see the prosecuter.
should i get a lawyer or just pray the prosecuter gives me a break with my record and all?
i mean it is 7 points after all thats alot

qbrozen

Well, I'm curious, do the tickets have your driver's license number on them?

dan_r242000

yes they do.

qbrozen

Interesting. So they said they were letting you off, but actually recorded all your info. That's a nice kick in the teeth for ya.

qbrozen

well, i don't see how they can stick you with both. Its the same darn thing. That's something in the law like double jeopardy?? If I'm getting the right term. I don't think I am. Not unless Alex Trebeck is the judge.

So I have to assume this guy stuck you with 2 with the hopes that you would have to suck up at least one of them. The prosecutor will most likely realize this and, therefore, not drop both. Of course, given the choice, you want the careless (2 pts). Hopefully you can get away with just that one, or, at the worst, careless and another pointless (oh, the double meaning is perfect) fine.

dan_r242000

so you dont think i need an attorney?
im gonna go in and just see what happens.
I figured he stuck me with both in hopes that i would get one in court, considering my driving record, because if he gave me one he knew that i would most likely have beaten it.
also i dont know if it makes a difference because everything else is correct on the ticket.... but he got my license plate number wrong i put a 6 where a 0 is supposed to be?

jb_turner

Win or lose this will be an exspensive lesson for you.

qbrozen

well, an attorney is entirely up to you. It all depends on your situation. You are currently staring down the barrel of 7 points, which is pretty severe, so its certainly an option to consider.

krivjohn

Hi all,
I have a moving violation "Failure to yield" and I want to plead not guilty because the people on the side walk were never even crossing.

Stupid me. I missed my court date. What should i do now :=(

Thanks
Kriv

sickofnjdrivin

Hi, I'm new to this forum and am looking for advice. I'm a 26 year old NJ driver. My only prior tickets were for speeding and an illegal left turn when I was 17, and since then, I've had a clean record. This year, however, I got into an accident that was my fault, and I received a speeding ticket yesterday for 16mph above in a 65 zone. So in the past 6 months I went from 0 points to 9 points on my license. Normally, I would plead not guilty and try to plea bargain my speeding ticket, however, there's 2 reasons why I'm thinking of just paying the ticket and sucking it up, and I'm looking for advice on whether this is the right move.

First, I start my surgical residency in Manhattan in a week and will be completely off car insurance by the end of this month, since I won't regularly need a car for the next 5 years. Second, since I'm going to be a surgical intern in a week, it'll be extraordinarily difficult for me to make my court date, or even to make one that I can reschedule, especially since the court is about 80 miles from Manhattan.

So what I'm wondering is, is it worth having the points on my record when I won't be on any insurance and won't be driving for the next 5 years?
Thanks.

qbrozen

OK, first, what is the 5 points for? You don't get license points just for having an accident. You must have been charged with a ticket.

Here is your problem. 9 points, whether you have insurance or not, means you will get a bill for an "insurance surcharge" from the state each year you are over 4 points.

NJ takes 3 points away from your license for each year of violation-free driving. What this means is, even after paying the surcharge this year, you'd still have 6 points next year and have to pay again. IF you go to court and get the ticket dropped to 2 points (which shouldn't be tough since you are only 1 mph over the 2-point ticket), then you will have 7 points total and, in a year, that will drop to 4 points, which means no surcharge.

So, you have to decide if its worth it.

theflush

Would he have to pay a NJ surcharge even if he does not have a NJ driver's license and lives in NY?

qbrozen

I don't know. I find it hard to believe you could get away from it, but I can't say for sure. I mean, what do you do? Go down to DMV and turn in your license? I know that if you get your license revoked, you still pay penalties, so I don't see how voluntarily giving up your license would be any different.

theflush

But he would be a resident of NY, not NJ. How can NJ fine someone who lives in NY?

qbrozen

If you commit a murder in NJ but live in NY, are you exempt from prosecution?

Kirstie_H

Exactly. Your state of residence has ZERO relevance. You can get parking tickets, speeding tickets, and any other legal charges pressed against you by another state's authority. Otherwise, we'd have criminals running all over the 49 states in which they don't live, committing crimes, while being completely immune from prosecution. Erm... that's a "no."

theflush

gbrozen wrote "Here is your problem. 9 points, whether you have insurance or not, means you will get a bill for an "insurance surcharge" from the state each year you are over 4 points. "

What I am asking is how can NJ send a bill each year to someone who is not a NJ resident? I can understand it if they have a fine for the violation, but how do they continue to fine someone who is not a NJ resident and does not have a NJ DL?

qbrozen

Because the person commited the crime. That's it. end of story. You can't become immune from the law just by moving or even giving up your license. Again, to carry on my murder analogy, if you go and turn in your gun to the police and move out of state, does that mean you shouldn't have to pay for your crime? Of course not. You did it, you are guilty, you pay. There's no way around it. The person HAS an NJ license and commited crimes. Turning in the license and moving does not mean he gets away with it.

theflush

gbrozen wrote "Here is your problem. 9 points, whether you have insurance or not, means you will get a bill for an "insurance surcharge" from the state each year you are over 4 points. "

How can you be over 4 points in years in which you do not have an NJ DL? Do the NJ points carry over to the NY DL?

I'm sure you are correct about it since I have never lived in NJ. Here in Ohio the laws are not so punitive or at least because I have not had many tickets,I've never found out how severe Ohio's laws are. I'm not really trying to argue, I just don't understand NJ's laws. Instead of an annual surcharge on the privilege of having a DL, which is what I assumed it was, it sounds more like a payment plan on a large one time fine.

qbrozen

Here is a quote from the NJ DMV site.

If you do not pay your surcharges, MVC will suspend your driving privileges indefinitely and take action in the State Superior Court. This may include securing a lien against your property, garnishing your wages or other similar actions.

SO, just going by this, it looks to me like they will still pursue you for the fines even after revoking your license. I can only assume that also means they will pursue you for the fines even after you voluntarily surrender your license.

I very well could be wrong ... but I doubt it. NJ government is too greedy to let anyone get out of a fine.

sickofnjdrivin

Thanks to everyone for your posts. Qbrozen - to answer your question, I actually was never issued a ticket for my accident. Apparently the law is that if you're over 50% at fault and there's over $500 in damages, you get 5 points on your license.

It's odd that I have to pay an 'insurance surcharge' when I would not be carrying any insurance at all, however, I don't think I have any way to avoid this, since I just got my schedule and am on call on my court date. Will try to postpone the date or swap calls, but it looks like it's going to be very difficult actually making it to the court unfortunately.

qbrozen

Apparently the law is that if you're over 50% at fault and there's over $500 in damages, you get 5 points on your license.

Huh. That's strange. How do they find out about the ruling of the insurance company? I'm just thinking of the one time I had an accident that involved a police report. It took a year of arbitration between the insurance companies to pin the fault on the other driver. So did she then receive 5 points on her license a year after the fact?