Can a New Jersey driver with a provisional or probationary license plea to unsafe operation to avoid points?

A New Jersey Traffic Court Lawyer Explains Probationary Driver License Points

As a New Jersey traffic court lawyer, I get a lot of calls from parents of someone holding a probationary driver's license (and sometimes the license holder) asking if there is some way to avoid getting points on that license due to a traffic ticket (or tickets) the person receives. It's a new license, and they're already in trouble, so there's often tension that goes with it, along with the concern.

Avoiding Points on a Probationary Driver License 

Unfortunately, points can't be avoided on a probationary driver's license. Parents of clients with a probationary New Jersey driver's license (also referred to as a Graduated Driver License or GDL) often ask if they can plea the ticket down to an "unsafe operation" charge to avoid points. Under New Jersey law, this is unavailable, and the driver faces points.

This is particularly significant in that there are further penalties for holders of a GDL as points accumulate. If a GDL holder accumulates three or more penalty points, they must complete a driver improvement program.

Reasons for a License Suspension

If someone fails to complete a driver improvement program or accumulates additional points, it will result in suspension and postponement of their eligibility to obtain a provisional (if in the permit phase) or basic license (if in the probationary phase).

The best strategy here is to avoid getting a ticket in the first place. This means knowing the rules of the road. If you want more information on this, feel free to download then my free book, A Guide to Driving Legally in NJ, and Surviving Traffic Court If You Don't.

What to Do if a Ticket Has Been Issued

But if it is too late, and you (or your child) has received a ticket on a GDL here in Burlington, Camden, Gloucester, Salem, or Cumberland County, New Jersey, please call me at 856-432-4113 or contact me through this site to schedule an appointment for a free consultation in my Woodbury office. This can be done by phone if you are out of state or out of the area.