New Jersey Motor Vehicle Laws | East Brunswick NJ Traffic Lawyers

The lawyers at The Law Offices of Jonathan F. Marshall defend traffic and motor vehicle tickets for violating the New Jersey Motor Vehicle Laws in Edison, Woodbridge, East Brunswick, Sayreville, North Brunswick, Perth Amboy, Piscataway, Plainsboro, South Brunswick, Carteret, Metuchen and Monroe.

The laws governing motor vehicles in New Jersey are contained in Title 39 of the NJ statutes. Here is a list and description of each offense:

N.J.S.A. 39:3-4 Vehicle Registrations Required

Unregistered vehicles shall not be permitted to be driven, parked or stand on a public highway.
A Police Officer is authorized to remove any such vehicle on a public highway.

N.J.S.A. 39:3-9a Failure to Notify of Name Change; Failure to Sign License

DMV must be notified within two (2) weeks after a name change.
A license shall be endorsed (signed) in handwriting.

N.J.S.A. 39:3-10 Drivers’ License Required

A license or permit is required to operate a motor vehicle in New Jersey.

N.J.S.A. 39:3-11 Failure to Comply with Restriction Codes

In these cases, for example, a license was granted with reasonable conditions placed on the applicant such as the use of eyeglasses and the driver failed to comply with these conditions.

N.J.S.A. 39:3-17.1 Continuation of Non-Resident Driving Privilege

Non-resident driving privileges end 60 days after becoming resident.

N.J.S.A. 39:3-29 Failure to Exhibit Documents

License, registration and insurance card to be exhibited upon request of Officer.
Government vehicle, vehicle under control of ICC, PUC or vehicles registered out of state are exempt from insurance requirement.

N.J.S.A. 39:3-32 Lost, Damaged or Defaced License Place to be Replaced

A driver must report a lost, damaged, or defaced license plate to the Department of Motor Vehicles (DMV) and replaced within 24 hours.

N.J.S.A. 39:3-33 Display of License plates

In New Jersey, a license plate must be displayed not less than 12 inches, or more than 49 inches high.
The license plate must be horizontal, free from swinging, and free from obstruction.

N.J.S.A. 39:3-36 Failure to Notify of Address Change

DMV must be notified within one (1) week of a change of address.

N.J.S.A. 39:3-40 Driving While Suspended

No person shall operate a vehicle whose license privilege has been revoked.

Penalties for Violation of N.J.S.A. 39:3-40

1st Offense: $500 fine, up to 6 months additional license suspension.
2nd Offense: $750 fine, five (5) days in jail, up to five (5) months additional license suspension.
3rd Offense: $1,000 fine, ten (10) days in jail, up to six (6) months additional license suspension, forty-five (45) additional days in jail if involved in an accident involving injury/victim.

N.J.S.A.39:3-44 Unsafe Vehicle

A vehicle in such condition as to endanger or likely to endanger a person or property shall not be driven, moved or parked on a highway.

N.J.S.A.39:3-47 Lighted Lamps Required

Any time from a half an hour after sunset to half an hour before sunrise.
Any other time when visibility is less than 500 feet.
When windshield wipers are activated.

N.J.S.A.39:3-50 Color of Lamps

White or amber lights are required for the front of the vehicle.
Red or amber lights are required to the rear of the vehicle.
Permit required for flashing lights.

N.J.S.A. 39:3-60 Improper Use of Multiple Beam Headlights

High beams are not to be used within 500 feet of other vehicles.

N.J.S.A. 39:3-66 Maintenance of Lamps

All lamps must be kept clean and in good working order.

N.J.S.A.39:3-69 Horn and/or Audible Warning Device

Every motor vehicle shall be equipped with a horn audible from a distance of not less than 200 feet used only when necessary to ensure safe operation.

N.J.S.A. 39:3-70 Loud, Defective or No Muffler

All motor vehicles having a combustion motor must be equipped with a muffler.
Must prevent excessive or unusual noise and annoying smoke.

N.J.S.A. 39:3-71 Mirrors

Every passenger vehicle manufactured after 1/1/65 must be equipped with interior and driver’s side mirrors.

N.J.S.A. 39:3-72 Tires

Unsafe tire – any exposed ply or cord, any bump, bulge, knot or excessive tread wear.

N.J.S.A. 39:3-74 Windshields

At least one windshield wiper is required on the driver’s side.
No stickers, posters, etc. on windshield.

N.J.S.A. 39:3-75 Safety Glass

Vehicle shall not be driven with unduly fractured, discolored or deteriorated safety glass.

N.J.S.A. 39:3-76.2a Child Restraints

Children up to eight (8) years old shall be secured in a rear set with a federally approved child restraint system.

N.J.S.A. 39:3-76.2f Required Wearing of Seat Belts

Every driver and front seat passenger of a passenger automobile shall wear a properly adjusted and fastened seat belt.

N.J.S.A. 39:3-77 Unapproved Equipment or Devices

No person shall sell, offer or use any unapproved device or equipment for use on a motor vehicle.

N.J.S.A. 39:3-79.1 Mud Flaps

Any bus, truck, full trailer or semi trailer exceeding a gross weight of three (3) tons must be equipped with a rear wheel dirt flap.

N.J.S.A. 39:3-81 Use of Studded Tires

Use of studded tires is approved between November 14th and April 1st or as determined by director.

N.J.S.A. 39:4-10 Lamps and Reflectors on Bicycles

Bicycles, when operated at night, shall be equipped with a lamp on the front which shall emit a white light visible at a distance of 500 feet. They shall also be equipped with a red lamp at the rear visible at a distance of 500 feet.

N.J.S.A. 39:4-11 Audible Signal on Bicycles

No bicycle shall be operated unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet.

N.J.S.A.39:4-12 Improper Riding on Bicycle

A person on a bicycle shall not ride or carry another passenger on anything but a permanent and regular seat attached to the bicycle.

N.J.S.A. 39:4-14 Hitching on Vehicles Prohibited

No person riding on a bicycle, coaster, skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
A person shall not ride a bicycle with his hands and feet removed from the handlebars and pedals, nor shall he practice trick or fancy riding in a street.

N.J.S.A. 39:4-14.1 Rights and Duties of Bicycle Rider

Bicycle rider to comply with applicable provisions of Title 39.

N.J.S.A. 39:4-32 Improper Crossing of Roadway by Pedestrian

Pedestrians shall not cross roadway against stop signal or traffic device or officer.
A pedestrian crossing one “go signal” has the right of way over all vehicles until he has reached the opposite curb.

N.J.S.A. 39:4-34 Pedestrian to Use Crosswalk

Unlawful for pedestrians to cross any highway separated by medial barrier except where a provision is made for a crossing.
On all highways where no sidewalks or paths are provided, pedestrians shall, when practical, walk only on the extreme left side of the roadway or its shoulder facing traffic.
Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

N.J.S.A.39:4-35 Pedestrians Right to Complete Crossing

Non-operator of a vehicle shall fail to give the right of way to a pedestrian at a crosswalk where the pedestrian has begun his crossing properly.

N.J.S.A. 39:4-46a Display of Name and Address

Every commercial vehicle shall display the name of the owner or lessee and the municipality in which the owner or lessee has his principal place of business.
Franchised public utilities and fleets of fifty (50) or more vehicles may display a corporate code instead.
The sign or nameplate shall be in plain view and lettering shall be as close as possible to three (3) inches in height.

N.J.S.A. 39:4-46b Display of GVWR

Vehicles over 26,000 pounds are to display a Gross Vehicle Weight Rating.

N.J.S.A. 39:4-48 Owners of Consent to Use Motor Vehicle

No person shall operate or use a motor vehicle without the permission of the owner.

N.J.S.A. 39:4-49 Tampering with a Motor Vehicle

No person shall tamper or interfere with a vehicle or put its engine in motion while it is standing without the permission of the owner.

N.J.S.A. 39:4-49.1 Operating with Drugs in Possession or in Motor Vehicle

No person shall operate a vehicle on any highway while knowingly having in their possession any CDS as defined in schedules I, II, III, IV or V.

N.J.S.A. 39:4-50 Driving While Intoxicated (DWI)/ Drunk Driving

No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
.08% or more by weight of alcohol in the defendants blood.
No person is to allow operation of a vehicle by person under the influence or intoxicating liquor, narcotic, hallucinogenic or habit producing drug.

Penalties for Violation of N.J.S.A. 39:40-50:

1st Offense: $250-$400 fine, IDRC, 7 months – 1 year license suspension, up to 30 days in jail.
2nd Offense: $500-$1,000 fine, 30 days community service, 2-90 days in jail, 2 year suspension.
3rd Offense: $1,000 fine, 180 days in jail, 10 year suspension.

N.J.S.A. 39:4-50.2 Consent to Taking Breath Samples

A person who operates a vehicle on any public road, street or highway or quasi public area in this state shall be deemed to have given consent to the taking of breath samples to determine the content of alcohol in his blood.
No right to refuse or consult with anyone prior to taking the sample.

N.J.S.A. 39:4-51a Consumption of Alcohol in Vehicle

A person shall not consume an alcoholic beverage while operating a vehicle.
A passenger shall not consume an alcoholic beverage while a vehicle is being operated.
Presumption of consumption if unsealed container in passenger compartment of vehicle appears to be partially consumed and operator or passenger has physical appearance of having consumed it.

N.J.S.A. 39:4-52 Racing on Highway

N.J.S.A. 39:4-53 Leaving Engine Running

No person shall leave a vehicle on a highway with its engine running and unoccupied by someone capable to control it.

N.J.S.A. 39:4-56 Delaying of Traffic

No person shall drive or conduct a vehicle in such condition so constructed or so leaded to be likely to cause delay in traffic.

N.J.S.A. 39:4-56.5 Abandonment of Vehicle

A vehicle which has remained on highway or the property in excess of 48 hours or without current license plates for any period.

N.J.S.A. 39:4-56.6 Parking on Private Property without Consent

N.J.S.A. 39:4-57 Failure to Comply with Directions of Officer

Drivers or vehicle shall, at times, comply with the direction by voice or hand of a police officer.

N.J.S.A. 39:4-58 Driving with View Obstructed

N.J.S.A. 39:4-59 Begging Rides Prohibited

N.J.S.A. 39:4-60 Soliciting Trade or Contributions Prohibited

N.J.S.A. 39:4-61 Tailboard Riding

N.J.S.A. 39:4-63 Placing Injurious Substance on Roadway

Any glass, other sharp, injurious or cutting substance.

N.J.S.A. 39:4-64 Littering

No person shall drop any bundle, object, article or debris of any nature from a vehicle, whether in motion or not, when such vehicle is on the highway.

N.J.S.A. 39:4-67 Obstructing Passage of Other Vehicles

N.J.S.A. 39:4-69 Riding on Parts not Intended for Passengers

N.J.S.A. 39:4-71 Driving on Sidewalk

N.J.S.A. 39:4-77 Loading so as to Spill

A load which extends above the height of sides or tailgate of a vehicle shall be covered by a tarpaulin or other cover.

N.J.S.A. 39:4-80 Traffic Control by Officers

N.J.S.A. 39:4-81 Disregard of Traffic Control Device

N.J.S.A. 39:4-82 Keeping to Right

N.J.S.A. 39:4-85 Improper Passing

N.J.S.A. 39:4-86 Driving to Left of Center Line

N.J.S.A. 39:4-88 Traffic on Marked Lanes

N.J.S.A. 39:4-89 Following Too Closely

N.J.S.A. 39:4-90 Right of Way at Intersections

N.J.S.A. 39:4-92 Clearance for Authorized Emergency Vehicle

N.J.S.A. 39:4-96 Reckless Driving

A person who drives a vehicle heedlessly, in a willful or wanton disregard of the rights of safety of others in a manner so as to endanger or likely to endanger person or property.

N.J.S.A. 39:4-97 Careless Driving

A person who drives carelessly or without due caution and circumspection in a manner so as to endanger or likely to endanger person or property.

N.J.S.A. 39:4-97a Destruction of Agricultural or Recreational Property

N.J.S.A. 39:4-97.1 Impeding Slow Speed Prohibited

N.J.S.A. 39:4-98 Speeding

N.J.S.A. 39:4-11.5b Right Turn at Red Signal

Must come to a complete stop and yield to all traffic and pedestrians before proceeding.

N.J.S.A. 39:4-123 Right and Left Hand Turns

N.J.S.A. 39:4-123 Marked Turning Courses

N.J.S.A. 39:4-125 Improper U-Turns

N.J.S.A. 39:4-126 Failure to Signal Turn

N.J.S.A. 39:4-127 Improper Backing or Turning in Street

N.J.S.A. 39:4-128.1 Passed Stopped School Bus

There shall be a rebuttable presumption that the registered owner of the vehicle who was involved was the person who committed the act.

N.J.S.A. 39:4-129 Leaving the Scene of an Accident

Penalties for Violation of N.J.S.A. 39:4-129

1st Offense: $500 to $1,000 fine or incarceration for 180 days or both.
2nd Offense: Not less than $1,000 fine nor more than $2,000 fine or imprisoned for 180 days or both.

N.J.S.A. 39:4-135 Improper Parking

Parallel with edge of the curb.
Facing in the direction of traffic.
Within six (6) inches of the curb.

N.J.S.A. 39:4-136 Parking on Highway

Clear and unobstructed width of 15 feet upon the roadway opposite the standing vehicle.
Clear view of the vehicle may be obtained from a distance of 200 feet in each direction upon the roadway.
Person shall immediately, by quickest means, notify the nearest police authority.
Police Officer may remove vehicle.

N.J.S.A. 39:4-137 Parking Brake to be Set

N.J.S.A. 39:4-138 Parking Prohibitions

Within an intersection
On a crosswalk
Between a safety zone and adjacent curb
In front of a driveway
Within 25 feet of an intersecting road or crosswalk
On a sidewalk
In a No Parking area
Tithing 50 feet of a stop sign
Within 10 feet of a fire hydrant
Within 50 feet of a rail crossing
Within 25 feet of a driveway to a fire station
Alongside a street excavation
On the roadway side of any stopped vehicle
Upon any bridge or elevated roadway
In a handicapped spot

N.J.S.A. 39:4-144 Failure to Stop and Yield

N.J.S.A. 39:4-183.3 Display of Unauthorized Traffic Signals

N.J.S.A. 39:5-35 Failure to Surrender Suspended Drivers License

N.J.S.A. 39:6B-2 Uninsured Vehicle

Vehicle registered or principally garaged in NJ

Penalties for Violation of N.J.S.A. 39:6B-2:

1st Offense: $300 fine, period of community service, 1 year suspension.
2nd Offense: $500 fine, 14 days in jail, 30 days community service, 2 year license suspension.