If I get a ticket in New Jersey that carries points, should I plea to Unsafe Operation (a

A:

Many people contact my office with a speeding ticket or other traffic offense that carries motor vehicle points looking to avoid them, if possible. The solution is often the "unsafe operation" statute, but ironically, that is not the only (or necessarily best) course of action. Believe it or not, sometimes taking the hit on the points is a better way to go.

Speeding Ticket v. No Point Ticket

Let's take for example a speeding ticket. In New Jersey, if you were going no more than 14 mph above the limit, there is an exposure of

• two (2) points
• a fine of $50 to $200, and
• court costs of about $33.

In most cases, the court will levy the minimum fine, so you are looking at $83 plus 2 points for that speeding ticket. Now, let's suppose you wanted to avoid those points. If you have not plead to an "unsafe operation" in the past five (5) years, then it will be a first offense, and have a penalty of

• a fine of $50 to $150
• costs of $33 and
• a surcharge of $250.

With a minimum fine, that comes to $333, instead of $83. If you have plead to this once before in the past five (5) years and are a second offender, then the fine is $100 to $250, so with minimums, it would be $383. Obviously, that speeding ticket would be a cheaper way to go, depending on your driving record.

What to Consider

If you get a ticket that carries points, you should pull your driving abstract and consider your options. Many times a simple two point ticket will not have any significant impact. When looking at your abstract, consider the following:

• If you get six or more points within three (3) years, you will be assessed a surcharge.
• If you amass 12 or more points within a 2 year period, your license will be suspended.

If you are close to either of these thresholds, a plea to Unsafe Operation would most likely be the best way to go.You should also check with your insurance agent to see if the points would have any negative effect on your auto premiums.

Bear in mind also that points can also be removed from your driving record. The bottom line here is that in most instances a couple points on your license is not the end of the world. You should call me at 888-857-8418 or contact me through this site to discuss with me what course of action is best for you before making any decisions.

Related Topics

• What is a NJ no point ticket for unsafe operation?
• How do I get rid of points from my NJ driving record?

Have more questions about NJ traffic court?  This article not answer your question?  Get more answers here. You can also get the answers to the most frequently asked questions by downloading my free book, A Guide to Driving Legally in New Jersey and Surviving Traffic Court If You Don't.  It will give you the answers you need all in one place.  Then call me at 888-857-8418 contact me through this site for an appointment for a free consultation to discuss your case.