The New Jersey Point System: Two Kinds of Points

When a New Jersey driver is convicted of violating various motor vehicle laws, two different kinds of “points” can be imposed. These kinds are moving violation points, and insurance eligibility points (often simply referred to as “insurance points.” The rules governing the two are very different. The consequences for each are also very different. On this page we explain the two kinds of points. We explain very briefly how to get them, how to lose them, and consequences of having them. The information that we provide on this page is only an overview. We provide more detailed explanations on a different web site that we maintain, http://www.NJDriversLicenses.com. We provide links to relevant pages of that site where appropriate.

The New Jersey Point System: Moving Violation Points

Moving violation points are the kind of points that are most visible. The reason for their visibility is that, once their number reaches a critical level, the New Jersey Motor Vehicle Commission (formerly the New Jersey Division of Motor Vehicles) suspends your driving privileges. Points, therefor, are a great thing to not have.

It is not the judge who assesses points. Rather, it is the New Jersey Motor Vehicle Commission (or, more precisely, its computer). The judge only determines guilt or innocence. The court reports each moving violation conviction to the New Jersey Motor Vehicle Commission (MVC). The MVC then assesses the prescribed number of points.

NJ lawyer insurance points motor vehicle points dmv division of motor vehicles commission mvc drivers licenseMotor vehicle points decrease over time. The rate of decrease is three points per year. This decrease occurs however only if, during the preceding year, there were no new moving violations. Also, the decrease occurs only if driving privileges were in good standing during the entire one-year period. If either of those conditions are not satisfied, the one-year clock starts ticking anew from the date of the most recent violation, or restoration of driving privileges, whichever comes last.

Sometimes a motorist has points on the date of a violation that, when added to points to be assessed on account of the new conviction, will put the number of points over the limit. (We discuss what this limit is later in this section.) The motorist may try to postpone the court date until passage of time causes some of the existing points drop off. That tactic will fail. The reason it fails is because, once a conviction occurs, points arising from that conviction are imposed retroactively to the date of the violation.

Let's look at how all this works in practice. On January 1, 2014, Lisa has eleven moving violation points on her New Jersey driver's license. Her most recent violation was on April 1, 2013. Her driving privileges have been in good standing the entire year since then. Therefore she is scheduled to lose three points on April 1, 2014. However, on March 15, 2014, she receives a summons for failure to maintain lane, N.J.S. 39:4-88. Failure to maintain lane is a two point offense. She goes to court on April 16, and the judge finds her guilty.

On April 1, 2014, her moving violation point count decreases from eleven to eight, right on schedule. The April 1 reduction proceeds on schedule because, as of that date, she has not yet been found guilty of the March 15 charge. But on April 16, she is. The effect of that conviction is that the three points that she lost on April 1 are retroactively restored. The reason for the points restoration is that she was convicted of a moving violation, and that violation occurred during the year that preceded the points reduction. She also accumulates two additional points for her N.J.S. 39:4-88 conviction. If Lisa obtains no further moving violation convictions, the number of points that the New Jersey Motor Vehicle Commission will report will depend on when the points inquiry is made, as follows:


 
Date of Inquiry

Number of Points

2013
 
March 31 7
April 1 11
April 2 11
2014
 
January 1 11
March 14 11
March 15 11
March 16 11
March 31 11
April 1 8
April 2 8
April 15 8
April 16 13
April 17 13
2015
 
March 13 13
March 14 13
March 15 10
March 16 10
March 31 10
April 1 10
April 2 10
2016
 
March 14 10
March 15 7
March 16 7
2017
 
March 14 7
March 15 4
March 16 4
2018
 
March 15 1
2019
 
March 15 0

 

Assuming no additional convictions, and no intervening license suspensions, Lisa will rid herself of all moving violation points on March 15, 2019. Had she not been found guilty of her failure to maintain lane charge, she would have lost all her moving violation points on April 1,2017. Note: The number of points never goes below zero.

Suppose Lisa somehow finds a way to postpone her court appearance until all of her moving violation points disappear. The end result would still be exactly the same. The only date that affects the ultimate points assessment is the date of the violation. Regardless of when the conviction is entered, the number of points from March 15, 2014, to April 15, 2014, will be adjusted retroactively to thirteen. All numbers after April 15, 2014, stay the same.

When the number of points reaches twelve, the Motor Vehicle Commission sends a Notice of Scheduled Suspension. The notice indicates the date that the suspension is scheduled to take effect, and the length of the Scheduled suspension. In the extreme example just presented, all of Lisa's points have already disappeared, because she somehow delayed her court appearance. That does not save her. The eventual posting of the March 15, 2014, violation causes Lisa's moving violation points as of March 15, 2014, to be readjusted. Even when that readjustment occurs years later, the MVC computer will flag her record and cause issuance of a Notice of Scheduled Suspension.

When MVC sends a Notice of Scheculed Suspension, your suspension is not yet written in stone. Steps are available that can lessen the impact of this notice. Do not resign yourself to the suspension proposed in the notice.

The New Jersey Point System: Insurance Eligibility Points

NJ lawyer insurance pointsMost violations that carry moving violation points also carry insurance eligibility points. In most cases, conviction for a given offense will cause an equal number of moving violation points insurance eligibility points to be imposed. Insurance eligibility points arising out of a single speeding conviction within the preceding three-year period will not be considered provided that the amount by which the speed exceeded the speed limit was less than fifteen miles per hour, and provided the speeding did not occur within a school zone.

There are some violations that carry no moving violation points but that do result in insurance eligibility points. One example of this is driving while driver's license has been suspended. Another example is driving while intoxicated (DWI or DUI). Still another example is driving without insurance. Convictions for any or all of these offenses cause no motor vehicle moving violation points, but results in nine insurance eligibility points each. Regulations that specify the number of moving violation points are adopted by the Motor Vehicle Commission. Regulations that specify number of insurance eligibility points are adopted by the Commissioner of Banking and insurance. Persons having access to a law library will find those regulations in the appendix to N.J.A.C. 11:3-34.5.

Another difference is the way insurance eligibility points are lost. Moving violation points, you will recall, drop off at the rate of three points per year for each year in which there are no moving violations and driving privileges are in good standing. Insurance eligibility points, on the other hand, last for a flat three years from time imposed. Unlike moving violation points, insurance eligibility points are imposed on the date of conviction, not on the date of the violation.

Accumulation of insurance eligibility points (or insurance points), in and of themselves, and no matter how many, will never cause suspension of driving privileges. Rather, their importance arises from the fact that insurance availability becomes severely limited as insurance eligibility points accumulate. Once the number of insurance eligibility points exceeds six, the driver is no longer considered an “eligible person” for purposes of being able to obtain insurance in the voluntary market. And even when the number drops to six or below, the ineligibility will remain if the number was above six within the three years before application for automobile insurance.

The New Jersey Point System: Shameless Plug

NJ lawyer, insurance points, motor vehicle points, division of motor vehicles, motor vehicle commission, mvc, drivers licenseAllan Marain and Norman Epting, Jr. are New Jersey trial lawyers. Their combined experience exceeds sixty five years. They are available to help minimize point assessments. And when moving violation point accumulations threaten suspension of driving privileges, they are available to help limit the damage.

If your New Jersey driving privileges are in danger, call them. They can help.

 Overview  |  Allan Marain  |  Norman Epting, Jr. 
 The Practice  |  Selecting a Lawyer 
 Trial Transcript  |  Jobs and Internships 

 Abandoned Cars  |  Appeals  |  Arson  |  Assault  |  Bad Checks  |  Bribery  |  Burglary 
 CDS in Vehicle  |  Child Pornography  |  Cocaine  |  Computer Crimes 
 Conditional Dismissal  |  Conspiracy  |  Credit Card Fraud  |  Domestic Violence  |  Drivers Licenses  |  DWI/DUI 
 Eluding  |  Endangering  |  Entrapment  |  Evidence  |  Excessive Force  |  Expungements  |  False Swearing 
 Federal Appeals  |  Federal Crimes  |  Fictitious Reports  |  Forgery  |  Freedom of Speech  |  Graves Act  |  Gun Law 
 Hazing  |  Homicide  |  Identity Theft  |  Insurance Fraud  |  Invasion of Privacy  |  Jury Service  |  Juvenile Delinquency 
 Kidnapping  |  Leaving the Scene  |  Lewdness  |  Mail Fraud  |  Manslaughter  |  Marijuana  |  Megan's Law 
 Miranda Warnings  |  Money Laundering  |  Municipal Court  |  Murder  |  NERA  |  No Insurance  |  Official Misconduct 
 Peeping Tom  |  Perjury  |  Personal Injury  |  Point Assessments  |  Police Misconduct  |  Possession  |  Prostitution 
 PT I  |  Receiving Stolen P'ty  |  Red Light Cameras  |  Refusals  |  Resisting Arrest  |  Revoked List  |  Robbery 
 Sexual Assault  |  Shoplifting  |  Stalking  |  Tax Crimes--Federal  |  Tax Crimes--NJ  |  Terroristic Threats 
 Theft  |  Theft by Deception  |  Theft of Services  |  Unauth'd Prac Law  |  Underage Drinking 
 Underage Gambling  |  Urinating in Public  |  Vehicular Homicide  |  Violation of Probation 
 Weapons Possession  |  White Collar Crimes  |  Wire Fraud 

 Case Review  |  Super Links  |  Infield Fly Rule  |  Directions  |  Parking  |  PGP Public Key 

 The Bottom Line 


Law Offices of Allan Marain
Attorney and Counsellors at LawFirm accepts PayPal for fees relating to New Jersey Lawyers for criminal charges, DWI DUI in State and federal court in New Jersey
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
Phone 732-828-2020
or Toll Free: 877-652-6531
email: Info@MarainLaw.com

“We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth. People who have no sense of right and wrong. People who will lie in court to get what they want. People who do not care who gets hurt in the process. It is our job, our sworn duty as criminal defense lawyers, to protect our clients from those people.”

Cynthia Roseberry

 
Counsellors at Law in the Law Offices of Allan Marain, located in New Brunswick, represent clients throughout Central and Northern New Jersey. That includes Asbury Park, Bedminster, Belleville, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville, Bogota, Bound Brook, Branchburg, Brick, Bridgewater, Clifton, Clinton, Closter, Cranbury, Cranford, Cresskill, Deal, Demarest, Denville, Dover, Dumont, Dunellen, East Brunswick, East Rutherford, East Windsor, Edison, Elizabeth, Emerson, Englewood, Englishtown, Ewing, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park, Hillsborough, Hillsdale, Hillside, Jersey City, Kearny, Kenilworth, Lakewood, Lawrence Township, Mahwah, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough, Monroe, Mountainside, New Brunswick, North Brunswick, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton, Rahway, Raritan, Readington, Red Bank, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford, Sayreville, Scotch Plains, Seabright, Seaside Heights, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. They handle criminal matters in the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. They are available to handle matters in the United States Supreme Court.

Criminal Lawyers in New Jersey and MarainLaw.com
© Copyright 2006-2017, Allan Marain, New Brunswick, NJ, All rights reserved.
For information, questions, or suggestions about our site, please email our webmaster.
Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Page last updated 26 March 2016, and displayed Sunday 28 May 2017, at 20:02:18 EDT.
Hosted by Westhost »When you expect more from your Web host.
NJ Criminal Defense Lawyer Provides Valid XHTML 1.0 Transitional code   Criminal Lawyer in NJ adheres to CSS standards   Site powered by Apache for users with problems relating to NJ New Jersey marijuana pot paraphernalia arrest arrested municipal court lawyer Rutgers police   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense