Traffic Violation Lawyer

Polsky Law-Traffic Violations

Common Traffic Violations

There are several violations that can lead to severe consequences, including:

Speeding
Tailgating
Reckless driving
DWI or DUI, or failing to provide a breath sample
Careless driving
Driving with a suspended license
Driving without insurance
Passing a stopped school bus
Leaving the scene of an accident

New Jersey Point System

Any driver who is convicted of a moving violation will be assessed points for each conviction in accordance with the N.J.S.A Point Schedule.

Traffic Ticket Process

Some tickets require a mandatory Court appearance, while others may simply just be paid. This will depend on the type of ticket you receive.

If you are given the option to just pay your ticket(s) and chose to do so, you will be assessed the points each ticket carries, and your matter will be concluded. Although this might be your quickest solution, it often is not always your best or cheapest option. Points typically will increase your insurance premiums, and may also lead to a loss of license.

If you accumulate 6 points in New Jersey, you will be placed on probation, and forced to pay a surcharge to the State. If you accumulate 12 or more points your license will be suspended for a period of time.

Pleading Guilty for Traffic Violation

If you appear in Court and just plead guilty to the ticket(s) you could face the maximum fines, penalties, points, surcharges, fees that are associated with your violation. You will lose all your rights and options, and must accept whatever punishment the Judge deems appropriate for your violations. If points are issued, not only do you face fines from the State of New Jersey, but you also risk having surcharges and rate increases from your Insurance Company.

Pleading Not Guilty for Traffic Violation

If you plead not guilty, not only do you have the right to a trial, you also have a right to try to enter a plea bargaining agreement to lessen the charges. Even if you are guilty of the charges issued, you still will be able to try to reduce or eliminate the points and fines that might be assessed. This occurs if you can reach a plea deal that is recommended by the Prosecutor, and approved by the Judge.

I have extensive experience negotiating these deals, and have had much success for my clients. I can represent you in court, and will work to try and help you with one or more of following:

Avoid license suspensions
Reduce or eliminate “assessed points” that could raise your insurance rates
Lower your fines
Plead your case to a lesser charge
Avoid jail time (which could be required on serious offenses like driving while suspended)

All matters I accept are on a reasonable flat fee basis. We accept all major credit /debit cards, and payment plans are available. I offer a free consultation either by phone or in my office.
Feel free to call me now at: (973) 686-9787

I have been admitted to practice law since 1991, and offer experienced legal assistance to help in your matter.

Listing of Violations that Carry Points in New Jersey

New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway  27:23-29 Moving against traffic 2 27:23-29 Improper passing 4 27:23-29 Unlawful use of median strip 2

All Roads and Highways  39:3-20 Operating constructor vehicle in excess of 45 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; passing a vehicle yielding to pedestrian in crosswalk 2 39:4-41 Driving through safety zone 2 39:4-52 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 Driving on public or private property to avoid a traffic sign or signal 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 to 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 39:4-91-92 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 Exceeding maximum speed 1-14 mph over limit 2 39:4-99 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 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 39:4-127.2 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 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 39:5C-1 Racing on highway 5 39:5D-4 Moving violation out of state 2

POINTS ACCUMULATED 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.