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Bergen County NJ Motor Vehicle Defense Attorneys 

Hackensack, New Jersey Traffic Ticket Defense Lawyers 

New Jersey has a host of motor vehicle laws, some of which spell serious consequences including points added to your driver’s license, fines, and even a period of driver’s license suspension depending on the specific infraction. For example, some of the statutory violations listed below are considered “moving violations,” which are assessed points by the Department of Motor Vehicles (DMV). It is imperative that you avoid points on your license for a number of reasons. First, points can cause significant increases to your insurance premiums. In addition, if you accumulate between 10 and 12 points on your license, your license may be suspended by the DMV. Finally, if you accumulate points, you will also be assessed motor vehicle surcharges by the DMV. With serious repercussions for you personally and financially, it is imperative that you contact an experienced traffic ticket attorney to avoid accumulating these points on your license.

The Tormey Law Firm is a well-established criminal and drunk driving (DWI) defense law practice with offices in Hackensack, New Jersey. Having dedicated years to serving clients charged with offenses including driving without insurance, reckless driving, and leaving the scene of an accident in Bergen County and throughout New Jersey, in towns such as Mahwah, Hackensack, and Elmwood Park, these talented lawyers have the knowledge and skills to successfully resolve your case. With offices conveniently located in the center of Hackensack’s criminal justice complex, Mr. Tormey and his fellow attorneys appear in courts throughout Bergen County on a daily basis, employing their specifically-formulated defense strategies to achieve the most desirable outcomes for their clients. To speak with one of our lawyers free of charge, contact the Hackensack, New Jersey offices of The Tormey Law Firm at (201)-330-4979. Initial consultations are always provided at no cost and we are available immediately to provide a free consultation about your case.

 

New Jersey Motor Vehicle Laws: Title 39

All motor vehicle statutes in New Jersey are governed by Title 39. The statutes are as follows:

N.J.S. 39:3-4 Vehicle Registration Required

  • Unregistered vehicles shall not be permitted to be driven, parked, or stand on a public highway.
  • A police officer is authorized to remove any such vehicle on a public highway.

N.J.S. 39:3-9a Failure to Notify of Name Change; Failure to Sign License

  • DMV must be notified within two (2) weeks after a name change.
  • A license shall be endorsed (signed) in handwriting.

N.J.S. 39:3-10 Driver’s License Required

  • A license or permit is required to operate a motor vehicle in New Jersey.

N.J.S. 39:3-11 Failure to Comply with Restriction Codes

  • In one case, a license was granted with reasonable conditions (such as the use of eyeglasses) placed on the applicant, and the driver failed to comply with these conditions.

N.J.S. 39:3-17.1 Continuation of Non-Resident Driving Privilege

  • Non-resident driving privileges end 60 days after becoming a resident.

N.J.S. 39:3-29 Failure to Exhibit Documents

  • License, registration, and insurance card to be exhibited upon request of officer.
  • Government vehicle, vehicle under control of ICC or PUC, or vehicles registered out of state are exempt from insurance requirement.
  • This violation results in a $150.00 fine plus court costs of $39.00.

N.J.S. 39:3-32 Lost, Damaged or Defaced License Place to be Replaced

  • A driver must report a lost, damaged, or defaced license plate to the Department of Motor Vehicles (DMV) and replace it within 24 hours.

N.J.S. 39:3-33 Display of License plates

  • In New Jersey, a license plate must be displayed not less than 12 inches or more than 49 inches high.
  • The license plate must be horizontal, free from swinging, and free from obstruction.

N.J.S. 39:3-36 Failure to Notify of Address Change

  • DMV must be notified within one (1) week of a change of address.

N.J.S. 39:3-40 Driving While Suspended

  • No person whose license privilege has been revoked shall operate a motor vehicle.

Penalties for Violation of N.J.S.A. 39:3-40

  • 1st Offense: $500 fine, up to six (6) months additional license suspension.
  • 2nd Offense: $750 fine, five (5) days in jail, up to five (5) months additional license suspension.
  • 3rd Offense: $1,000 fine, ten (10) days in jail, up to six (6) months additional license suspension, 45 additional days in jail if involved in an accident causing injury.
  • These jail terms may be converted into SLAP program participation in counties that have an SLAP program.

N.J.S. 39:3-44 Unsafe Vehicle

  • A vehicle in such condition as to endanger or likely to endanger a person or property shall not be driven, moved, or parked on a highway.

N.J.S. 39:3-47 Lighted Lamps Required

  • Any time from a half an hour after sunset to half an hour before sunrise.
  • Any other time when visibility is less than 500 feet.
  • If windshield wipers are activated.

N.J.S. 39:3-50 Color of Lamps

  • White or amber lights are required for the front of the vehicle.
  • Red or amber lights are required for the rear of the vehicle.
  • Permit required for flashing lights.

N.J.S. 39:3-60 Improper Use of Multiple Beam Headlights

  • High beams are not to be used within 500 feet of other vehicles.

N.J.S. 39:3-66 Maintenance of Lamps

  • All lamps must be kept clean and in good working order.

N.J.S. 39:3-69 Horn and/or Audible Warning Device

  • Every motor vehicle shall be equipped with a horn audible from a distance of not less than 200 feet; to be used only when necessary to ensure safe operation.

N.J.S. 39:3-70 Loud, Defective or No Muffler

  • All motor vehicles having a combustion motor must be equipped with a muffler.
  • Must prevent excessive or unusual noise and annoying smoke.

N.J.S. 39:3-71 Mirrors

  • Every passenger vehicle manufactured after 1/1/1965 must be equipped with interior and driver’s side mirrors.

N.J.S. 39:3-72 Tires

  • Unsafe tire – any exposed ply or cord, any bump, bulge, knot, or excessive tread wear.

N.J.S. 39:3-74 Windshields

  • At least one windshield wiper is required on the driver’s side.
  • No stickers, posters, etc. on windshield.

N.J.S. 39:3-75 Safety Glass

  • Vehicle shall not be driven with unduly fractured, discolored, or deteriorated safety glass.

N.J.S. 39:3-76.2a Child Restraints

  • Children up to eight (8) years old shall be secured in a rear set with a federally approved child restraint system.

N.J.S. 39:3-76.2f Required Wearing of Seat Belts

  • Every driver and front seat passenger of a passenger automobile shall wear a properly adjusted and fastened seat belt.

N.J.S. 39:3-77 Unapproved Equipment or Devices

  • No person shall sell, offer, or use any unapproved device or equipment for use on a motor vehicle.

N.J.S. 39:3-79.1 Mud Flaps

  • Any bus, truck, full trailer, or semi trailer exceeding a gross weight of three (3) tons must be equipped with a rear wheel dirt flap.

N.J.S. 39:3-81 Use of Studded Tires

  • Use of studded tires is approved between November 14th and April 1st, or as determined by director.

N.J.S. 39:4-10 Lamps and Reflectors on Bicycles

  • Bicycles, when operated at night, shall be equipped with a lamp on the front which shall emit a white light visible at a distance of 500 feet. They shall also be equipped with a red lamp at the rear, visible at a distance of 500 feet.

N.J.S. 39:4-11 Audible Signal on Bicycles

  • No bicycle shall be operated unless it is equipped with a bell or other device capable of giving a signal audible from a distance of at least 100 feet.

N.J.S. 39:4-12 Improper Riding on Bicycle

  • A person on a bicycle shall not ride or carry another passenger on anything but a permanent and regular seat attached to the bicycle.

N.J.S. 39:4-14 Hitching on Vehicles Prohibited

  • No person riding on a bicycle, coaster, skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
  • A person shall not ride a bicycle with his or her hands and feet removed from the handlebars and pedals, nor shall he or she practice trick or fancy riding in a street.

N.J.S. 39:4-14.1 Rights and Duties of Bicycle Rider

  • Bicycle rider to comply with applicable provisions of Title 39.

N.J.S. 39:4-32 Improper Crossing of Roadway by Pedestrian

  • Pedestrians shall not cross roadway against stop signal or traffic device or officer.
  • A pedestrian crossing one “go signal” has the right of way over all vehicles until he or she has reached the opposite curb.

N.J.S. 39:4-34 Pedestrian to Use Crosswalk

  • Unlawful for pedestrians to cross any highway separated by medial barrier except where a provision is made for a crossing.
  • On all highways where no sidewalks or paths are provided, pedestrians shall, when practical, walk only on the extreme left side of the roadway or its shoulder facing traffic.
  • Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

N.J.S. 39:4-35 Pedestrians Right to Complete Crossing

  • Non-operator of a vehicle shall not fail to give the right of way to a pedestrian at a crosswalk where the pedestrian has begun his or her crossing properly.

N.J.S. 39:4-46a Display of Name and Address

  • Every commercial vehicle shall display the name of the owner or lessee and the municipality in which the owner or lessee has his or her principal place of business.
  • Franchised public utilities and fleets of fifty 50 or more vehicles may display a corporate code instead.
  • The sign or nameplate shall be in plain view and lettering shall be as close as possible to three (3) inches in height.

N.J.S. 39:4-46b Display of GVWR (Gross Vehicle Weight Rating)

  • Vehicles over 26,000 pounds are to display a Gross Vehicle Weight Rating.

N.J.S. 39:4-48 Owners must Consent to Use Motor Vehicle

  • No person shall operate or use a motor vehicle without the permission of the owner.

N.J.S. 39:4-49 Tampering with a Motor Vehicle

  • No person shall tamper or interfere with a vehicle or put its engine in motion while it is standing without the permission of the owner.

N.J.S. 39:4-49.1 Operating with Drugs in Possession or in Motor Vehicle

  • No person shall operate a vehicle on any highway while knowingly having in their possession any CDS as defined in schedules I, II, III, IV or V.
  • A violation of this statute requires a two-year license suspension.

N.J.S. 39:4-50 Driving While Intoxicated (DWI)/ Drunk Driving

  • No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug.
  • .08% or more by weight of alcohol in the defendant’s blood.
  • No person is to allow operation of a vehicle by person under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug.

Penalties for Violation of N.J.S. 39:40-50:

  • 1st Offense: If BAC between .08% and .10 %, three-month license suspension.
  • 1st offense: If BAC over .10%, $250-$400 fine, IDRC, seven (7) months – one-year license suspension, up to 30 days in jail.
  • 2nd Offense: $500-$1,000 fine, 30 days community service, between two (2) and 90 days in jail, two-year license suspension.
  • 3rd Offense: $1,000 fine, 180 days in jail, 10-year license suspension.

N.J.S. 39:4-50.2 Consent to Taking Breath Samples (Refusal to Submit to Breath Test)

  • A person who operates a vehicle on any public road, street, or highway, or quasi public area in this state shall be deemed to have given consent to the taking of breath samples to determine the content of alcohol in his or her blood.
  • No right to refuse or consult with anyone prior to taking the sample.

N.J.S. 39:4-51a Consumption of Alcohol in Vehicle

  • A person shall not consume an alcoholic beverage while operating a vehicle.
  • A passenger shall not consume an alcoholic beverage while a vehicle is being operated.
  • Presumption of consumption if unsealed container in passenger compartment of vehicle appears to be partially consumed and operator or passenger has physical appearance of having consumed it.

N.J.S. 39:4-52 Racing on Highway

N.J.S. 39:4-53 Leaving Engine Running

  • No person shall leave a vehicle on a highway with its engine running and unoccupied by someone capable to control it.

N.J.S. 39:4-56 Delaying of Traffic

  • No person shall drive or conduct a vehicle in such condition so constructed or so leaded to be likely to cause delay in traffic.

N.J.S. 39:4-56.5 Abandonment of Vehicle

  • A vehicle which has remained on highway or the property in excess of 48 hours or without current license plates for any period.

N.J.S. 39:4-56.6 Parking on Private Property without Consent

N.J.S. 39:4-57 Failure to Comply with Directions of Officer

  • Drivers or vehicle shall, at all times, comply with the direction by voice or hand of a police officer.

N.J.S. 39:4-58 Driving with View Obstructed

N.J.S. 39:4-59 Begging Rides Prohibited

N.J.S. 39:4-60 Soliciting Trade or Contributions Prohibited

N.J.S. 39:4-61 Tailboard Riding

N.J.S. 39:4-63 Placing Injurious Substance on Roadway

  • Any glass or other sharp, injurious, or cutting substance.

N.J.S. 39:4-64 Littering

  • No person shall drop any bundle, object, article, or debris of any nature from a vehicle, whether in motion or not, when such vehicle is on the highway.

N.J.S. 39:4-67 Obstructing Passage of Other Vehicles

  • The fine is $56.00, along with $33.00 in court costs.

N.J.S. 39:4-69 Riding on Parts not Intended for Passengers

N.J.S. 39:4-71 Driving on Sidewalk

N.J.S. 39:4-77 Loading so as to Spill

  • A load which extends above the height of sides or tailgate of a vehicle shall be covered by a tarpaulin or other cover.

N.J.S. 39:4-80 Traffic Control by Officers

N.J.S. 39:4-81 Disregard of Traffic Control Device

N.J.S. 39:4-82 Keeping to Right

N.J.S. 39:4-85 Improper Passing

N.J.S. 39:4-86 Driving to Left of Center Line

N.J.S. 39:4-88 Traffic on Marked Lanes

N.J.S. 39:4-89 Following Too Closely (Tailgating)

N.J.S. 39:4-90 Right of Way at Intersections

N.J.S. 39:4-92 Clearance for Authorized Emergency Vehicle

N.J.S. 39:4-96 Reckless Driving

  • A person who drives a vehicle heedlessly, in a willful or wanton disregard of the rights of safety of others in a manner so as to endanger or likely to endanger person or property.
  • This is a five-point ticket in New Jersey.

N.J.S. 39:4-97 Careless Driving

  • A person who drives carelessly or without due caution and circumspection in a manner so as to endanger or likely to endanger person or property.
  • This is a two-point ticket in New Jersey.

N.J.S. 39:4-97a Destruction of Agricultural or Recreational Property

N.J.S. 39:4-97.1 Impeding Slow Speed Prohibited

N.J.S. 39:4-97.2 Unsafe Driving

N.J.S. 39:4-98 Speeding

N.J.S. 39:4-11.5b Right Turn at Red Signal

  • Must come to a complete stop and yield to all traffic and pedestrians before proceeding.

N.J.S. 39:4-123 Right and Left Hand Turns

N.J.S. 39:4-124 Marked Turning Courses

N.J.S. 39:4-125 Improper U-Turns

N.J.S. 39:4-126 Failure to Signal Turn

N.J.S. 39:4-127 Improper Backing or Turning in Street

N.J.S. 39:4-128.1 Passing a Stopped School Bus

  • There shall be a rebuttable presumption that the registered owner of the vehicle who was involved was the person who committed the act.

N.J.S. 39:4-129 Leaving the Scene of an Accident

N.J.S. 39:4-135 Improper Parking

  • Parallel with edge of the curb.
  • Facing in the direction of traffic.
  • Within six (6) inches of the curb.

N.J.S. 39:4-136 Parking on Highway

  • Clear and unobstructed width of 15 feet upon the roadway opposite the standing vehicle.
  • Clear view of the vehicle may be obtained from a distance of 200 feet in each direction upon the roadway.
  • Person shall immediately, by quickest means, notify the nearest police authority.
  • Police officer may remove vehicle.

N.J.S. 39:4-137 Parking Brake to be Set

N.J.S. 39:4-138 Parking Prohibitions

  1. Within an intersection.
  2. On a crosswalk.
  3. Between a safety zone and adjacent curb.
  4. In front of a driveway.
  5. Within 25 feet of an intersecting road or crosswalk.
  6. On a sidewalk.
  7. In a No Parking area.
  8. Within 50 feet of a stop sign.
  9. Within 10 feet of a fire hydrant.
  10. Within 50 feet of a rail crossing.
  11. Within 25 feet of a driveway to a fire station.
  12. Alongside a street excavation.
  13. On the roadway side of any stopped vehicle.
  14. Upon any bridge or elevated roadway.
  15. In a handicapped spot.

N.J.S. 39:4-144 Failure to Stop and Yield

N.J.S. 39:4-183.3 Display of Unauthorized Traffic Signals

N.J.S. 39:5-35 Failure to Surrender Suspended Drivers License

N.J.S. 39:6B-2 Uninsured Vehicle

  • Vehicle registered or principally garaged in NJ.

Penalties for Violation of N.J.S. 39:6B-2:

  • 1st Offense: $300 fine, period of community service, one-year suspension.
  • 2nd Offense: $500 fine, 14 days in jail, 30 days community service, two-year license suspension.

N.J.S. 39:8-1 Failure to Inspect

N.J.S. 39:8-4 Failure to Make Repairs or Re-Inspect

N.J.S. 39:8-6 Failure to Display Inspection Sticker

N.J.S. 39:8-9 Refusal to Inspect

Call the Tormey Law Firm in Hackensack, NJ Today for a Free Consultation

For additional information and a free consultation about your Bergen County traffic matter, please contact us anytime at (201)-330-4979, or use our online contact form. Our Hackensack office is conveniently located in the heart of Bergen County, just steps from the Hackensack Municipal Court and Bergen County Superior Court. One of our criminal defense attorneys will be happy to discuss your case over the phone or to schedule an appointment to meet with you in person.

 

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