Traffic offenses in New Jersey and the New York City Area add up, and not just in terms of the financial impact. Each traffic violation adds points to your driver's record, and those points can lead to a driver's license suspension among other consequences. Plus, some traffic violations are criminal offenses. If you ignore or do not fight traffic violations with criminal consequences, you could end up with a criminal record.
At Mongiardo Law Group, our traffic violation defense attorneys in Passaic County will help you with a traffic offense. We know and have seen how these seemingly minor violations can cause real problems for people. To make sure you minimize or avoid the consequences of a traffic offense today, contact us at (973) 298-4557 or online to schedule a free consultation.
Traffic Offenses
Traffic offenses involve a motorist's unlawful conduct while they are in control or operating a vehicle. Also referred to as traffic violations, these offenses are prosecuted at the local level.
There is often a distinction made between traffic offenses committed while a vehicle is moving and while it is stationary. Moving traffic violations include speeding and running a red light. Some examples of non-moving traffic violations include illegal parking and displaying expired plates.
The term "traffic offense" describes a wide range of conduct, from minor infractions to more serious crimes.
Traffic Offense Classification
Traffic offenses can be civil (often referred to as infractions) or criminal. Each state identifies specific offenses and categorizes them accordingly.
Traffic Violations in Municipal Court
Traffic infractions in New Jersey are minor traffic offenses. If you commit a traffic infraction, you are usually issued a ticket. Typically, you have the option to pay the fee or dispute the ticket by attending a hearing on a designated day at municipal court.
The penalties for a traffic infraction include fines, attending traffic school, and demerit points. Accumulating demerit points can impact the cost of car insurance (by increasing your rates) and eventually result in a license suspension (if you accumulate the requisite number of points).
Common examples of traffic infractions include:
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Speeding (under a certain limit)
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Using a mobile phone while driving
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Failing to stop or signal
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Following too close to another vehicle
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Failing to wear a seatbelt
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Disobeying a road sign
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Driving uninsured
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Parking illegally
The majority of traffic infractions are strict liability offenses – the prosecution does not need to prove any criminal intent, only that the violation occurred. This means you are liable even if you did not know, for example, that the place where you parked was a no-parking zone or did not realize you were driving over the speed limit.
Criminal Traffic Offenses in Municipal Court
Traffic crimes are more serious than infractions. These are heard in municipal court in New Jersey; however, they can be charged as a felony depending on the relevant laws and circumstances. For example, you may be charged with a felony if you have any prior traffic offenses or if the conduct resulted in injury or death.
Some common examples of traffic crimes heard in municipal court include the following:
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excessive speeding (typically 11 or more miles over the speed limit)
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reckless driving
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hit and run
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driving with a suspended or revoked license
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operating a vehicle while under the influence (DWI/DUI) of a chemical substance
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driving without title or registration to the vehicle
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driving without auto insurance
Examples of traffic offenses usually charged as a felony and handled in Superior Court include the following:
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reckless driving causing injury or death
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driving while a licenses is suspended for a DWI/DUI
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vehicular homicide
Potential penalties for traffic crimes include, but are not limited to, fines, probation, community service, rehabilitation, parole, and/or incarceration. You are more likely to receive time behind bars if you are charged with a felony or you have a history of committing traffic violations.
A conviction for a traffic crime can also result in the suspension or loss of your license, demerit points, and your vehicle being impounded.
Three Reasons to Fight Traffic Offenses
Whether a traffic offense is minor or major, civil or criminal, you want to fight it. Here are three good reasons why that is the case:
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Clean driving record. If you pay the fine, plead guilty, or ignore a traffic offense, you will destroy a clean driving record or you will add points to an already-existing driving record. The more points you obtain, the closer you are to license suspension. Further, with each traffic violation, you reset the clock used to erase old offenses from your record. It can take three to seven years to wipe a driving record clean – it all depends on the circumstances and seriousness of the offense.
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Limited evidence. If you fight a ticket, the officer must appear in court to show evidence to prove you committed the offense. Many times, officers do not show up or they do not have the necessary evidence to show you were speeding or otherwise violated a law while operating a vehicle.
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Increased options. To pay a traffic ticket is the same as declaring guilt. If you request a hearing, however, you have more options to plead to a lesser offense, or you may be able to get the ticket or criminal charge dismissed.
Contact Mongiardo Law Group Today
The law around driving offenses can be technical and is also constantly evolving. Moreover, for many people, the ability to drive is essential to their daily life. It pays to speak with an experienced traffic defense lawyer in Passaic County who will review your case and explain your options. Contact Mongiardo Law Group at (973) 298-4557 or online to schedule a free consultation today.
