Municipal Court/Traffic Matters

We handle a variety of matters in the municipal courts. These can range from traffic tickets to criminal matters, such as shoplifting, simple assault, etc. If you wish to discuss a traffic or criminal matter, please contact our office and schedule a consultation.

The following is a list of points that can be assessed for various traffic tickets.

N.J.A.C. 13:-10.1 Point Assessment
Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:

N.J.S.A. Statutory
Violation Description Points

• 27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway – 2 points
• 27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway – 4 points
• 27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway – 2 points
• 39:3-29 Operating Constructor vehicle in excess of 30 mph – 3 points
• 39:4-14.3 Operating motorized bicycle on restricted highway – 2 points
• 39:4-14.3d More than 1 person on a motorized bicycle – 2 points
• 39:4-35 Failure to yield to pedestrian in crosswalk – 2 points
• 39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk – 2 points
• 39:4-41 Driving through safety zone – 2 points
• 39:4-52, 39:5C-1 Racing on Highway – 5 points
• 39:4-55 Improper action or omission on grades and curves – 2 points
• 39:4-57 Failure to observe directions of officer – 2 points
• 39:4-66 Failure to stop before crossing sidewalk – 2 points
• 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway – 2 points
• 39:4-66.2 Driving on private property to avoid traffic signal or stop sign – 2 points
• 39:4-71 Improper driving on sidewalk – 2 points
• 39:4-80 Failure to obey direction of officer – 2 points
• 39:4-81 Failure to observe traffic signal – 2 points
• 39:4-82 Failure to keep right – 2 points
• 39:4-82.1 Improper operating of vehicle on divided highway or divider – 2 points
• 39:4-83 Failure to keep right at intersection – 2 points
• 39:4-84 Failure to pass right of vehicle proceeding in opposite direction – 5 points
• 39:4-85 Improper passing on right or off roadway – 4 points
• 39:4-85.1 Wrong way on one-way street – 2 points
• 39:4-86 Improper passing, in "No Passing" zone – 4 points
• 39:4-87 Failure to yield to overtaking vehicle – 2 points
• 39:4-88 Failure to observe traffic lanes – 2 points
• 39:4-89 Tailgating – 5 points
• 39:4-90 Failure to yield at intersection – 2 points
• 39:4-90.1 Failure to use proper entrances to limited access highway
• 2 points
• 39:4-91, 39:4-92 Failure to yield to emergency vehicle – 2 points
• 39:4-96 Reckless driving – 5 points
• 39:4-97 Careless driving – 2 points
• 39:4-97a Destruction of agricultural or recreational property
• 2 points
• 39:4-97.1 Slow speed blocking traffic – 2 points
• 39:4.97.2 Unsafe driving (third offense only) – 4 points
• 39:4-98 Speeding up to 14mph above limit – 2 points
• 39:4-99 Speeding 15-29 mph above limit – 4 points
• Speeding 30 mph or more above limit – 5 points
• 39:4-105 Failure to stop at traffic light – 2 points
• 39:4-115 Improper turn at traffic light – 3 points
• 39:4-119 Failure to stop at flashing red signal – 2 points
• 39:4-122 Failure to stop for police whistle – 2 points
• 39:4-123 Improper right or left turn – 3 points
• 39:4-124 Improper turn: from approved turning course – 3 points
• 39:4-125 Improper u-turn – 3 points
• 39:4-126 Failure to give proper signal – 2 points
• 39:4-127 Improper backing or turn in street – 2 points
• 39:4-127.1 Improper crossing of railroad grade crossing – 2 points
• 39:4-127.2 Improper crossing of bridge – 2 points
• 39:4-128 Improper crossing of railroad grade crossing by certain vehicles – 2 points
• 39:4-128.1 Improper passing of school bus – 5 points
• 39:4-128.4 Improper passing of frozen dessert truck – 4 points
• 39:4-129 Leaving scene of accident- No injuries – 2 points
• 39:4-129 Leaving scene of accident - Personal Injury – 8 points
• 39:4-144 Failure to observe of stop or yield signs – 2 points
• 39:5D-4 Moving violation out-of-state – 2 points

N.J.A.C. 13:19-10.2 Point Accumulation; period of suspension
(a) The Director shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:

POINTS ACCUMULATED and PERIOD OF SUSPENSION

• 12 to 15 points in a period of two years or less; 30 days
• 16 to 18 points in a period of two years or less; 60 days
• 19 to 21 points in a period of two years or less; 90 days
• 22 to 24 points in a period of two years or less; 120 days
• 25 to 27 points in a period of two years or less; 150 days
• 28 or more points in a period of two years or less; not less than180 days
• 15 to 18 points in a period greater than two years; 30 days
• 19 to 22 points in a period greater than two years; 60 days
• 23 to 26 points in a period greater than two years; 90 days
• 27 to 30 points in a period greater than two years; 120 days
• 31 to 35 points in a period greater than two years; 150 days
• 36 or more points in a period greater than two years; not less than 180 days
• 12 to 14 points in a period greater than two years; 30 days

(b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his discretion, the Director shall consider the person's driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factors.

DRIVING DURING A PERIOD OF SUSPENSION

(a) Whenever the driving privileges of in individual have been suspended or revoked for any reason, either judicially or administratively:

1. Operation of a motor vehicle by the individual during the period of suspension or revocation shall be cause for extending the period of revocation or suspension for an additional six (6) month, or for some other period determined by the Director.
2. Should information be received by the Division after restoration of an individual’s driving privileges that the individual operated a motor vehicle during the period of revocation or suspension, the Director may revoke or suspend the individual’s driving privileges for a period of six (6) months, or for some other period which the Director determines.
3. In addition to the revocation or suspension of an individual’s driving privileges as provided for in paragraphs 1 and 2 above, the Director may determine to suspend the motor vehicle registration privileges of an owner-operator who operates a motor vehicle during a period of revocation or suspension of driving privileges. Such period of suspension of registration privileges shall coincide with the period of suspension of the individual’s driving privileges, or for some other period to be determined by the Director.

Additional Information
The penalties for driving while license is suspended due to alcohol or drug-related conviction, or due to failure to carry motor vehicle insurance, are a $1,000.00 fine, up to 90 days imprisonment and additional license suspension of one year to 30 months.

N.J.S.A. violations which result in license suspension include:
39:4-50 Driving under the influence of alcohol or drugs
39:4-50.4a Refusal to submit to chemical test
39:3-37 Misstatement of fact
39:3-38.1 Altered, forged or counterfeit drivers license
39:3-34 Applying for license while under suspension or prohibition of driving privileges
39:4-50.40 Refusal to submit to chemical test
39:3-12 Illegal securing of drivers license
39:3-10.13 Driving commercial vehicle while under suspension or prohibition of commercial drivers license
39:4-129 Leaving scene of accident in commercial vehicle

If you receive a ticket and you would receive points for pleading guilty, we can try to have the prosecutor amend the charges to a NO POINT VIOLATION. The following is a list of NO POINT VIOLATIONS that can possibly be used depending on the circumstances:

39:4-38 Obstructing street Car
39:4-39 Following too close to street car
39:4-40 Passing street car
39:4-45 Obstruction sidewalk (street car)
39:4-48 Using motor vehicle without consent ($100.00 fine)
39:4-49 Tampering with motor vehicle ($50.00 fine)
39:4-53 Leaving motor vehicle with engine running ($25.00 fine)
39:4-54 Improper towing ($100.00 fine)
39:4-56 Delaying traffic
39:4-57.1 Fail to activate interior light ($50.00 fine)
39:4-58 Obstructed view
39:4-59 Begging rides
39:4-60 Blocking traffic – solicitation ($100.00 fine)
39:4-61 Tailboard riding
39:4-63 Throwing debris ($200.00 - $1000.00 fine)
39:4-65 Letting off / taking on – passengers
39:4-67 Obstructing traffic
39:4-68 Operating with open doors
39:4-69 Improper riding on motor vehicle
39:4-72 Failure to yield to horse
39:4-77 Improper loading ($500.00 fine)
39:4-77.1 Failure to clean snow from motor vehicle ($200.00 - $1000.00 fine)
39:4-78 Excessive noise from motor vehicle load
39:4-79 Improper backing to curb
39:4-87.1 Failure to yield to bus (temporary)
39:4-93 Improper procession
39:4-94.2 Closed roadway ($100.00 fine)
39:4-97-3 Cell phone use ($100.00 - $250.00 fine)
39:4-100 Speeding over sidewalk
39:4-116 Special right or left turn
39:4-117 Yield to pedestrian
39:4-120.9 Public – private intersection violation
39:4-128.8 Backing ice cream truck ($100.00 fine)
39:4-128.9 Improper riding on ice cream truck ($100.00 fine)
39:4-132 Failure to report – repairman ($100.00 - $500.00 fine)
39:4-135 Improper standing
39:4-136 Leaving motor vehicle on highway
39:4-137 Failure to set parking brake
39:4-138.5 Blocking private drive
39:4-139 Excessive loading time
39:4-145 Failure to yield at stop sign
39:4-183.3 Display unauthorized sign

39:5-27 Failure to exhibit driver license to judge ($25.00 fine)
39:5-35 Failure to surrender driver license ($25.00 fine + contempt)
39:5B-24 Hazardous transportation ($100.00 - $5000.00 fine)
39:5G-1 Limousine violations ($50.00 / $250.00 / $2500.00 fine)

39:6-55 Prohibited acts – insurance ($500 / $1000.00 fine)

39:4-203-5 Doubled fines in construction / repair area

MUNICIPAL COURT / CRIMINAL MATTERS

The following is only a brief listing of the types of criminal matters that can also be handled in a municipal court. If you have ANY type of pending criminal matter, please feel free to contact our office to make an appointment for a free consultation.

2C:20-11 Shoplifting
A. Shoplifting is a criminal offense in the State of New Jersey. The following definitions apply:

1. “Shopping cart” means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store;



2. “Store or other retail mercantile establishment” means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;



3. “Merchandise” means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;



4. “Merchant” means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;



5. “Person” means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;



6. “Conceal” means to conceal merchandise to that, although there may be some notice of its presence, it is not visible through ordinary observation;



7. “Full retail value” means the merchant’s stated or advertised price of the merchandise;



8. “Premises of a store or retail mercantile establishment” means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of patrons of such retail mercantile establishment;



9. “Under-ring” means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise; and



10. “Anti shoplifting or inventory control device countermeasure” means any items or device which is designed, manufactured, modified or altered to defeat any anti shoplifting or inventory control device.

B. Shoplifting consists of the following acts:

1. For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.



2. For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.



3. For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.



4. For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.



5. For any person purposely to under ring with the intention of depriving the merchant of the full retail value thereof.



6. For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

C. Gradation.

1. Shoplifting constitutes a crime of the second degree under subsection b of this section if the full retail value of the merchandise is $75,000.00 or more.



2. Shoplifting constitutes a crime of the third degree under subsection b of this section if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00.



3. Shoplifting constitutes a crime of the fourth degree under subsection b of this section if the full retail value of the merchandise is at least $200.00 but does not exceed $500.00.



4. Shoplifting is a disorderly persons offense under subsection b of this section if the full retail value of the merchandise is less than $200.00. Additionally, notwithstanding the term of imprisonment provided in N.J.S. 2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of twenty five days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

D. Presumptions

Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

E. A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.

Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.

A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.

F. Any person who possesses or uses any anti shoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.

Amended 1979, c.178, s.35B; 1997, c.319; 2000, c.16, s.1.

2C:12-1 Assault

a. Simple Assault A person is guilty of assault if he:

1. Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or



2. Negligently causes bodily injury to another with a deadly weapon; or



3. Attempts by physical menace to put another in fear of imminent serious bodily injury.

 b. Aggravated Assault. A person is guilty of aggravated assault if he:

1. Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or



2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or



3. Recklessly causes bodily injury to another with a deadly weapon; or



4. Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or note the actor believes it to be loaded; or



5. Commits a simple assault as defined in subsection a.(1) (2) or (3) of this section upon:
1. Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or
2. Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or
3. Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or
4. Any school board member, school administrator, teacher, school bus driver, or other employee of a school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a school board or any school bus driver employed by an operator under contract to a school board while clearly identifiable as being engaged in the performance of his duties of because of his status as a school bus driver; or
5. Any employee of the Division of Youth and Family Services (DYFS) while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

6. Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or



6. Caused bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b of N.J.S. 2C:29-2 or while operating a motor vehicle in violation of subsection c of N.J.S. 2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b of N.J.S. 2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S. 2C:20-10 which resulted in bodily injury to another person; or



7. Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or



8. Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S. 2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported file or explosion. For the purposes of this subsection, “emergency services personnel” shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S. 2C:17-1 which resulted in bodily injury to any emergency services personnel; or



9. Knowingly, under any circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f of N.J.S. 2C:39-1, at or in the direction of a law enforcement officer; or



10. Knowingly points, displays or uses an imitation firearm, as defined in subsection f of N.J.S. 2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or



11. Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under subsection b.(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under subsection b.(11) is a crime of the third degree.

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

1. on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
2. driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
3. driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

   Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating auto or vessel in violation of this paragraph.

   A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this section.

   It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

   As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

4. A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.
5. (Deleted by amendment P.L.2001, c.443).
   Amended 1979, c.178, s.22; 1981, c.290, s.14; 1983, c.101; 1985, c.97, s.2; 1985, c.444; 1990, c.87, s.1; 1991, c.237, s.2; 1991, c.341, s.2; 1993, c.219, s.2; 1995, c.6, s.1; 1995, c.181; 1995, c.211, s.1; 1995, c.307, s.2; 1997, c.42; 1997, c.119; 1999, c.77; 1999, c.185, s.2; 1999, c.281; 1999, c.381; 2001, c.215; 2001, c.443, s.2.

Protect Your Rights.

Before you plead guilty and face potentially thousands of dollars in fees and surcharges, speak with an attorney who is experienced in handling these matters. Your attorney may under certain circumstances be able to persuade the municipal prosecutor to amend a summons issued involving motor vehicle points to a traffic violation that does not involve the imposition of motor vehicle points. If you wish to discuss this further, please contact our office to set up a free consultation.

If you or a loved one is in need of legal assistance, call Sluka & Minasian, LLC at (201) 798-6500 or submit an online questionnaire.