Out of State Tickets and Points- N.J.S.A. 39:5D-4

Contact Contributor David J. Bruno of the Bianchi Law Group, LLC, New Jersey Out of State Tickets and Points Defense Attorney

David J. Bruno is a contributor at New Jersey Esq, Former Assistant Prosecutor, and Partner at the Bianchi Law Group in West Caldwell, New Jersey. His partner, Robert A. Bianchi, is the Former Head Morris County Prosecutor from 2006 -2013. Both David Bruno and Robert Bianchi are certified by the New Jersey Supreme Court as criminal trial attorneys.

Contact David Bruno and the Bianchi Law Group at 862-210-8570 for your New Jersey Out of State Tickets and Points case. The Bianchi Law Group’s office is located at 4 York Ave, 2nd Floor, West Caldwell, New Jersey 07006.

Moving Violations Out-of-State (N.J.S.A. 39:5D-4)

N.J.S.A. 39:4-127 of the New Jersey Motor Vehicle Statutes is contained in Title 39- Motor Vehicle and Traffic Laws, Subtitle 1. Motor Vehicle and Traffic Laws, Chapter 5D- Interstate Compact; Drivers Licenses and 39:5D-4. Effect of conviction.

The law: N.J.S.A. 39:5D-4
The New Jersey statute which provides authority for the New Jersey Motor Vehicle Commission to assess DMV points to drivers who receive out of state tickets provides:
“(a) The licensing authority in the home State, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home State, shall apply the penalties of the home State or of the State in which the violation occurred, in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home State shall give such effect to the conduct as is provided by the laws of the home State.

(c) If the laws of a party State do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party State shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party State shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.”

New Jersey Motor Vehicle Commission Points
Moving Violations Out-of-State- N.J.S.A. 39:5D-4 provides that New Jersey shall attached points to out of State offenses or violations of a substantially similar nature to moving violations in New Jersey.  This statute appears on the N.J.S.A. Point Schedule and the Motor Vehicle Commission will add 2 points to your New Jersey Driving record if convicted of these out of state violations.

License Suspension
The New Jersey Motor Vehicle Commission will suspend a person’s New Jersey driver’s license any time a driver accumulates 12 or more points. The length of the suspension will depend on the Motor Vehicle Point Accumulation chart.

New Jersey Insurance Premiums
In addition, if you hold an New Jersey automotive insurance policy, your automobile insurance company will add 2 points to your “insurance eligibility points”, pursuant to N.J.S.A 11:3-34.5 and Appendix A. You’ll need to pay higher insurance premiums as you gain “insurance eligibility points” . If you get 7 or more “insurance eligibility points” points, you will not be able to obtain automobile insurance on the voluntary market. Instead, you’ll have to pay more to get at-risk coverage through the New Jersey Personal Automobile Insurance Plan (NJPAIP).

New Jersey Motor Vehicle Commission Surcharges
Surcharges are fines assessed by Motor Vehicle Commission (in addition to everything else) on an annual basis for drivers who have earned excessive points or committed a specific violations. This is not one of those specific violations, however, if you accumulate 6 or more points within a three years from our last violation, you will receive a $150 surcharge plus $25 for each additional point. If you do not pay your New Jersey surcharges, the Motor Vehicle Commission will suspend your driving privileges indefinitely, take action to secure a lien against your property, garnish your wages or other similar actions until the surcharge is paid.

Other Common New Jersey Motor Vehicle Violations

Information Only

The information on this website is for general information purposes only. No information on the website should be considered legal advice for any individual case or situation. The information on this website or communications from the website do not constitute an attorney-client relationship. Please contact a New Jersey Lawyer for case specific questions as every case is different and different New Jersey Lawyers may have different opinions.