After a crash, the officer hands one driver, sometimes both, a summons. Careless driving, failure to yield, following too closely. The ticket seems like the small problem next to the injuries and the wrecked car. It is not small. It carries points, it can trigger years of surcharges, and how you resolve it can affect the injury claim on both sides.
New Jersey's point system
The Motor Vehicle Commission assigns points to moving violations under N.J.S.A. 39:5-30.5 and N.J.A.C. 13:19-10.1. The violations most often charged after a crash:
| Violation | Statute | Points |
|---|---|---|
| Careless driving | 39:4-97 | 2 |
| Reckless driving | 39:4-96 | 5 |
| Following too closely (tailgating) | 39:4-89 | 5 |
| Failure to yield right of way | 39:4-90 | 2 |
| Failure to observe traffic signal | 39:4-81 | 2 |
| Improper passing | 39:4-85 | 4 |
| Improper lane change / failure to keep right | 39:4-88 | 2 |
| Failure to stop for pedestrian in crosswalk | 39:4-36 | 2 |
| Speeding 1–14 mph over | 39:4-98 | 2 |
| Speeding 15–29 mph over | 39:4-98 | 4 |
| Speeding 30+ mph over | 39:4-98 | 5 |
| Leaving the scene, property damage | 39:4-129 | 2 |
| Leaving the scene, injury | 39:4-129 | 8 |
| Handheld phone use | 39:4-97.3 | 0 (first two); 3 (third+) |
| Unsafe driving | 39:4-97.2 | 0 (first two); 4 (third+) |
| DWI | 39:4-50 | 0 points; license loss and surcharges instead |
What points do
- 6 or more points within 3 years: an MVC surcharge of $150 plus $25 for each point over 6, billed annually for three years.
- 12 or more points: license suspension.
- Insurance: carriers use their own “insurance eligibility points” system and will raise premiums or non-renew based on violations, separately from MVC action.
Points come off at 3 per year of violation-free driving, and a defensive driving course removes 2 points once every five years.
MVC surcharges: the separate penalty
New Jersey’s surcharge system, administered through the MVC’s Surcharge Violation System, bills drivers annually for three years for certain offenses regardless of points:
- DWI or refusal: $1,000 per year for three years ($1,500 per year for a third offense)
- Driving without insurance: $250 per year for three years
- Driving while suspended: $250 per year for three years
- Unsafe driving plea (39:4-97.2): a $250 surcharge in lieu of points, on top of the fine
- 6+ points: the point surcharge described above
Unpaid surcharges result in indefinite license suspension until paid.
The consequence most people miss: the ticket and the injury claim
Under Eaton v. Eaton, 119 N.J. 628 (1990), a guilty plea to a traffic offense is admissible in a later civil case as an admission by the driver. It is not conclusive; the driver can explain it (many people plead to avoid a court date). But a plea to careless driving in the crash that injured someone is a fact the plaintiff’s lawyer will put in front of the jury, and it moves the fault percentage under the 51% rule.
By contrast:
- The issuance of a ticket is not admissible; it is only the officer’s opinion.
- A conviction after trial (not a plea) is generally not admissible as an admission in the civil case.
- A plea to a non-moving or no-point offense (unsafe driving under 39:4-97.2, or a municipal ordinance) is a common negotiated outcome that avoids both the points and the admission problem.
This cuts both ways. If you are the injured party and the other driver was ticketed, whether they plead guilty matters to your case. If you were ticketed, plead carefully.
What to do if you were ticketed after a crash
- Do not plead guilty by mail. Paying the ticket is a guilty plea.
- Enter a not-guilty plea and appear, or have a lawyer appear. Most municipal prosecutors will negotiate a first-offense careless driving down to unsafe driving or a no-point ordinance violation.
- Coordinate with your injury lawyer. If there is a civil claim on either side, the ticket resolution should be handled with it in mind.
- Get the crash report and review the officer’s contributing-circumstances codes; see how to get your NJ crash report.
Points and the other driver's insurance
The other driver’s points and surcharges are their problem, not yours, and they have no effect on their carrier’s obligation to pay your claim. What matters to your claim is the underlying fault, which the crash evidence, not the point total, establishes. For the full set of rules that decide a claim, see New Jersey car accident laws every driver should know.
How Ibrahim Personal Injury Law handles tickets alongside injury claims
We coordinate the municipal court matter with the civil case so that neither undermines the other. Where the other driver was ticketed, we monitor the plea. Free consultation, contingency fee. Call (844) 315-4878 or contact us online.
Frequently asked questions
How many points is careless driving in NJ?
Two points, plus fines and possible insurance consequences.
Do you get points for an accident in New Jersey?
Not for the crash itself. Points attach only to a violation you are convicted of or plead guilty to.
What is the NJ surcharge?
An annual fee billed by the MVC for three years after certain offenses (DWI, no insurance, driving while suspended) or for accumulating 6 or more points in three years.
Can pleading guilty to a ticket hurt my injury case?
Yes. A guilty plea is admissible as an admission in the civil case under Eaton v. Eaton.
