That Really Expensive "No Point" Ticket

That Really Expensive No Point Ticket


We offer the following as example of the law of unintended consequences, how no good deed goes unpunished and how to lose a free lunch.

An article in the October 27, 2008 issue of “The New Jersey Lawyer” discussed the huge economic windfall that the no-point “unsafe driver” motor vehicle violation has been for the State of New Jersey. The statute, N.J.S.A. 39:4-97.2 was first enacted in 2003 as a means of giving motorists a break by permitting them to plead guilty to a “no point” violation, thereby avoiding insurance increases for points violations.

The benefits of the law were quickly diminished in 2004 when the McGreevey administration, eager to increase revenues to avoid a budget shortfall, added a $250 surcharge which has been used as a revenue band aid. Since 2004 the State has received $171 Million from the 780,000 drivers who have paid the surcharge. To put this in perspective, unsafe driving charges were 15 percent of all 1.1 million violations filed against drivers in 2007.

An unsafe driving plea will cost a driver $439.00 ($150.00 fine, $250.00 surcharge, $39.00 court costs and surcharge) compared to $134.00 ($85.00 fine, $39.00 court costs and surcharge) for point careless driving ticket (accident without personal injury) or a 10 mile per hour speeding violation, both of which are two pointers. In these tight economic times many drivers, especially those with good driving records, are opting for the cheaper two point tickets and trusting that they will not have more violations. Indeed, the number of unsafe driving convictions has dropped from a high to 197,153 in 2004 to 164,311 in 2007.

The lawyers of Barron & Posternock, LLP frequently represent clients in traffic cases, including DWI, in Burlington and Camden Counties and in selected municipal courts throughout South Jersey. Please call us at 856-642-6445 to discuss your case, it would be our pleasure to help you.

-Tom Barron

***The information included in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.