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Schedule of Automobile Insurance Eligibility Points

• 39:4 50 Operating a motor vehicle under the influence of alcohol or drugs 9
• 39:4 50.4 Refusal to submit to a chemical test 9
• 2C:11 2 Vehicular homicide 9
• 39:3 40 Operating a motor vehicle while driving privilege is suspended 9
• 39:6B 2 Operating a motor vehicle without liability insurance 9
• 39:6A 15 Misrepresentation of insurance coverage 9
• 39:3 37 Obtaining a driver's license or; registration through deception 5
• 39:3 38 Make or use counterfeit plate or plates other than issued 5
• 39:3 38.1 Make, alter or counterfeit driver's license or registration 5

N.J.S.A. Offense Points

• 27:23-29 Moving against traffic - New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2
• 27:23-29 Improper passing - New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 4
• 27:23-29 Unlawful use of median strip - New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2
• 39:3-20 Operating constructor vehicle in excess of 30 mph 3
• 39:4-14.3 Operating motorized bicycle on a restricted highway 2
• 39:4-14.3d More than one person on a motorized bicycle 2
• 39:4-35 Failure to yield to pedestrian in crosswalk 2
• 39:4-36 Failure to yield to pedestrian in crosswalk 2
• 39:4-41 Driving through safety zone 2
• 39:4-52
• 39:5C-1 Racing on highway 5
• 39:4-55 Improper action or omission on grades and curves 2
• 39:4-57 Failure to observe direction of officer 2
• 39:4-66 Failure to stop vehicle before crossing sidewalk 2
• 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
• 39:4-66.2 Operating a motor vehicle on public or private property to avoid a traffic control signal or sign 2
• 39:4-71 Operating a motor vehicle on a sidewalk 2
• 39:4-80 Failure to obey direction of officer 2
• 39:4-81 Failure to observe traffic signals 2
• 39:4-82 Failure to keep right 2
• 39:4-82.1 Improper operating of vehicle on divided highway or divider 2
• 39:4-83 Failure to keep right at intersection 2
• 39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
• 39:4-85 Improper passing on right or off roadway 4
• 39:4-85.1 Wrong way on a one_way street 2
• 39:4-86 Improper passing in no passing zone 4
• 39:4-87 Failure to yield to overtaking vehicle 2
• 39:4-88 Failure to observe traffic lanes 2
• 39:4-89 Tailgating 5
• 39:4-90. Failure to yield at intersection 2
• 39:4-90.1 Failure to use proper entrances to limited access highways 2
• 39:4-91
• 39:4-92 Failure to yield to emergency vehicles 2
• 39:4-96 Reckless driving 5
• 39:4-97 Careless driving 2
• 39:4-97a Destruction of agricultural or recreational property 2
• 39:4-97.1 Slow speed blocking traffic 2
• 39:4-97.2 Driving in an unsafe manner (points only assessed for the third or subsequent violation(s) within a five year period) 4
• 39:4-98
• 39:4_99 Exceeding maximum speed 1_14 mph over limit 2
• Exceeding maximum speed 15_29 mph over limit 4
• Exceeding maximum speed 30 mph or more over limit 5
• 39:4_105 Failure to stop for traffic light 2
• 39:4_115 39. Improper turn at traffic light 3
• 39:4_119 Failure to stop at flashing red signal 2
• 39:4_122 Failure to stop for police whistle 2
• 39:4_123 Improper right or left turn 3
• 39:4_124 Improper turn from approved turning course 3
• 39:4_125 Improper "U" turn 3
• 39:4_126 Failure to give proper signal 2
• 39:4_127 Improper backing or turning in street 2
• 39:4_127.1 Improper crossing of railroad grade crossing 2
• 9:4_127.2 Improper crossing of bridge 2
• 39:4_128 Improper crossing of railroad grade crossing by certain vehicles 2
• 39:4_128.1 Improper passing of school bus 5
• 39:4_128.4 Improper passing of a frozen dessert truck 4
• 39:4_129 Leaving the scene of an accident
  • No personal injury 2
  • Personal injury 8
• 39:4_144 Failure to observe "stop" or "yield" signs 2
• 39:5D_4 54. Moving violation Out of State 2
• Each at fault accident 5
• Failure to verify insurance involved in an automobile accident 2
• For each full year of a court imposed driver's license suspension 3
• Involved in a fatal accident 4

Q.: What are the ramifications of accumulating motor vehicle points?

A.: First off, losing your driver's privileges. If you accumulate 12 or more points, the Division of Motor Vehicles will suspend your driving privileges for at least thirty (30) days if not more. In addition, once you accumulate six (6) points or more on your driver's license, New Jersey DMV will send you a surcharge of $100.00, plus $25.00 for each point above six (6) points.

Q: How can one reduce the amount of points on their driver's license?

A: Any time you are given a ticket for a motor vehicle offense, simply do not blow it off and simply do not pay it, consult with an attorney because the penalties and points involved in a guilty plea and/or finding of a guilty plea could have a detrimental affect on your driver's privileges.

There are generally three (3) ways to reduce your motor vehicle points:

• Based upon the mere passage of time. For every year that a driver can go without receiving a new violation, you will receive a three (3) point credit;
• A driver may also receive a two (2) point credit by completing an authorized defensive driving course; and
• You can receive a three (3) point credit if you successfully complete a driver improvement course.

Understanding the Difference between Uninsured and Underinsured Motorist Coverage.

Uninsured motorist coverage protects drivers from individuals who do not have any insurance on their cars to pay claims for property damage and bodily injuries. It also covers hit-and-run drivers and "phantom drivers," who cause an accident but do not stop because they do not know about their involvement. Underinsured motorist coverage pays the difference when the at-fault driver's insurance is insufficient to compensate the accident victim for the injuries suffered in an accident. In some states, one or both of the coverage is mandatory in order to drive a car. In other states, uninsured and underinsured coverage is an option. Still other states include the notion of insufficient or under insurance in the definition of an uninsured driver.

To understand the distinctions between uninsured and underinsured motorist coverage, you must first be generally familiar with the subject of car insurance as a whole. Almost every state in the country requires an individual operating a motor vehicle to obtain automobile insurance. Most states allow the driver to chose whether they want insurance to cover their own car in the case of a collision. On the other hand, most states require that a car driven on the road have a minimum amount of insurance to cover liability for property damage and bodily injury caused to other vehicles and drivers. Some states set minimum requirements for such liability coverage. Whether the state mandates the amount or the driver purchasing the vehicle chooses an amount, if an accident occurs, the insurance on the at-fault car only covers damages from the accident up to the specific amount of the insurance purchased. The maximum amount that the car insurance company will pay to an individual or to a number of individuals injured in a single accident is called the policy limits or the limits of liability.

If you are involved in a hit and run accident or an accident with someone who does not have insurance, any property damage or bodily injury claims you have would be covered by your own uninsured motorist coverage. The amount of insurance available for such claims is determined by your pre-existing contract of insurance. If you have the state-dictated minimum, then that is the policy limits for your uninsured motorist claim. If you have purchased additional coverage, then that amount of protection is available to you. You know best how much insurance you and your family would need in the event of a serious accident. Purchasing that amount in uninsured motorist coverage prevents an uninsured driver from depriving you of adequate insurance coverage.

Similarly, purchasing adequate underinsured motorist coverage lets you chose the amount of insurance that will cover you in the case of a serious accident. Underinsured motorist coverage pays the difference between the damages you have and the insurance available on the at-fault vehicle.

States differ in how they determine the amount of underinsured motorist coverage available when the damages from an accident exceed the limits of liability of the at-fault driver's policy. There are three main variations nationwide. Some states use the difference between the limits of the at-fault driver and your underinsured motorist coverage. That means you can only recover damages for injuries in excess of the at-faults driver's policy if the amount of your underinsured motorist coverage exceeds the at-fault driver's policy limits. For example, assume you have a serious car accident and have $100,000 in bodily injury and property damage claims and the at-fault driver has a $30,000 policy limits. If you have $30,000 of underinsured motorist coverage you will receive only $30,000 in insurance payments because there is no difference between your policy and the at-fault driver's policy limits.

Other states allow you to use your underinsured motorist coverage if the amount the at-fault driver actually pays you is less then the amount of your underinsured motorist coverage. Again, assume you have $100,000 in damages and that the at-fault driver has a $30,000 policy limit. If you had $50,000 dollars in underinsured motorist coverage in a state that follows this system your total compensation would be $50,000. You would receive the $30,000 from the at-fault driver and $20,000 from your underinsured motorist coverage, or the difference between the amount paid by the at-fault driver and your own underinsured motorist policy. Again, in these states, your protection is limited to the amount of underinsured motorist coverage you have selected.

Finally, some states allow your underinsured motorist coverage to be added on top of the at-fault driver's policy limits. That means your entire underinsured motorist coverage is available to you to the extent that your damages exceed the at-fault driver's policy limits. In these states, if you had $100,000 damages, a driver with $30,000 policy limits and a $50,000 underinsured motorist policy you would receive $80,000 because your underinsured motorist coverage is added to the at-fault driver's policy limits.

That Simple Traffic Ticket May Be More Serious Than You Think

As we all know, driving in the State of New Jersey is a privilege and is not a right and that privilege can be taken away. In addition, as most of us know, getting around this area without a driver=s license can be very difficult and surely inconvenient. Some of the more serious motor vehicle offenses and potential penalties include the following:

• a. 39:3-10 (Driving without a License) If you do not have a valid license or if you have an expired license, you may be charged with driving without a license which could bring a penalty of over $200.00 in fines and Court costs, plus, you may not be able to get a license for at least six months after the date of your conviction.
• b. 39:3-10.18 (Failure to Possess a Valid Commercial Driver=s License) - $250.00 - $500.00 fine, up to sixty days in jail or both, and, if you are involved in an accident involving personal injury with this offense, you are subject to a $5,000.00 fine, jail for ninety (90) days and a suspension of your commercial driving privileges.
• c. 39:3-10.24 (Refusal to Consent to a Breath Sample After Arrest) - $250.00 - $500.00 fine and six (6) months loss of driving privileges.
• d. 39:3-40 (Driving After Your License has been Suspended)
  • First offense - $500.00 fine and up to six (6) months additional loss of license;
  • Second offense - $750.00 fine and not more than five (5) days in jail and up to six (6) months additional license suspension.
  • Third offense - Ten (10) days in jail and up to six (6) months additional license suspension.

    There are additional serious penalties with driving without a license. If, for example, you are involved in a motor vehicle accident which would include a forty-five (45) day jail sentence and other enhanced penalties for other offenses such as drunk driving.

• e. 39:4-49.1 (Operation of Motor Vehicle While in Possession of Any Narcotic Drug) - There is a minimum fine of $50.00, however, there is a two (2) year loss of driver=s license.
• f. 39:4-50 (Driving While Intoxicated/Driving Under the Influence of Alcohol) - First offense is a $250.00 - $400.00 fine, 12-48 hours in a detainment center and at the Court=s discretion, not more than thirty (30) days in jail and a six (6) month to one year suspension of your driver=s license. For a second offense, it is a $500.00 to $1,000.00 fine, thirty (30) days community service and 48 hours to 90 days in jail, and a two (2) year loss of license. If you have a third offense, it is 180 days in jail, and ten (10) year driver=s license suspension. In addition to the basic penalties, there are additional fines including a drunk driving enforcement penalty of $100.00, a safe neighborhood penalty of $75.00 and surcharges which could amount through DMV of $1,000.00 a year for three (3) years.
• g. 39:4-129 (Leaving the Scene of an Accident) - A $500.00 to $1,000.00 fine or 180 days in jail or both, and a one year loss of driver=s license.
• h. 39:6B2 (Failure to Carry Proper Motor Vehicle Insurance) - First offense is a $300.00 fine, a period of community service and one year loss of driver=s license. Subsequent offense is a $500.00 fine, 14 days in jail and 30 days community service, followed by a two (2) year loss of driving privileges.