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Why moving violations must be taken seriously – II

| Feb 6, 2017 | Criminal Defense

In a previous post, we discussed how most motorists issued a ticket for a moving violation here in New Jersey typically experience initial indignation followed by reluctant acceptance, meaning they simply elect to pay the ticket once their emotions subside.

We also discussed how this can prove to be a mistake given the existence of the New Jersey Motor Vehicle Commission’s point system, which assesses a set number of points against a person’s driving record based on the severity of a moving violations and dictates certain penalties if too many points are accumulated. 

To recap, 12 or more points against a current driving record will result in a license suspension, while six-plus points against a current driving record within three years will result in a surcharge.

Lest anyone be tempted to dismiss the surcharge as a mere inconvenience or something they’ll just “pay later,” consider that it actually amounts to $150 plus $25 for each additional point assessed thereafter. Moreover, the point surcharge will remain active provided the motorist has six-plus points on their record for the immediate three-year period, and that the failure to pay can result in license suspension.

In recognition of this fact, questions naturally arise as to whether points can be removed from a record.

The good news is that the MVC does provide motorists with the ability to earn point deductions from their driving records. Indeed, if a motorist remains free of both violations and suspensions for one year from the date of their most recent infraction or most current license restoration, as many as three points will be removed from their record.

In addition, completion of certain driving courses can also result in point deductions. For example, a driver improvement program can be completed once every two years to remove three points, while a defensive driving program can be completed once every five years to subtract two points.

While it’s good to know that you have options in this regard, it’s also good to know that you have the option of fighting the moving violation. Indeed, a skilled legal professional can help you explore the possibility of fighting a traffic ticket that you firmly believe was issued in error.

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