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Middlesex County Criminal Defense Lawyer

  • Over 200 Years of Combined Experience
  • Former Director in Middlesex County Prosecutor's Office
  • Certified Criminal Trial Attorneys
  • Former Municipal Prosecutor in Edison, Woodbridge, New Brunswick, Piscataway & Other Local Towns
  • 10 Attorneys Practicing Exclusively in DUI & Criminal Defense

Motor Vehicle Surcharges

Woodbridge Traffic Ticket Defense Lawyer

The New Jersey Division of Motor Vehicles imposes surcharges when an individual is convicted of certain motor vehicle violations in Middlesex County. Motor vehicle points are also assigned to most moving traffic offenses. It is important to keep in mind that the courts in Woodbridge, North Brunswick, Carteret, Piscataway and other towns have no ability to suspend or effect the imposition of either surcharges or points. Your best way to eliminate these financial ramifications is to hire an attorney who has the ability to escape a conviction for a traffic violation. If you have been charged with any variety of violation under the motor vehicle code, the lawyers at The Law Offices of Jonathan F. Marshall has precisely what you need. We are former prosecutors and a team of seven defense attorneys with over a century of experience handling all sorts of tickets. Call our Woodbridge Office at 732-634-0700 to speak to a member of staff immediately.

Collateral Consequences in New Jersey: Motor Vehicle Surcharges

One of the collateral consequences associated with certain motor vehicle offenses in New Jersey, including drunk driving (Driving While Intoxicated (DWI)), driving while suspended, unlicensed driver (Unlicensed Driver), and driving without insurance, is the imposition of motor vehicle surcharges on the defendant’s license. Motor Vehicle surcharges are considered a civil penalty in New Jersey. They are imposed based on the authority of the Chief Administrator of the New Jersey Motor Vehicle Commission. N.J.S.A. 17:29A-35(b) establishes a Motor Vehicle Surcharge System under which the Motor Vehicle Commission (MVC) imposes surcharges on drivers who are assessed too many violation points. Surcharges are also imposed upon drivers who plead guilty to, or are convicted of, driving while intoxicated (DWI) or refusal to provide a breath sample. The failure to pay these surcharges will result in an indefinite suspension of driving privileges until the outstanding balance is paid in full.

The Motor Vehicle Commission may impose a surcharge on any driver who has accumulated six (6) or more motor vehicle points in the past three years. The point surcharge begins at $100 for the first six (6) points and is an additional $25 for each point in excess of six. The surcharge is imposed on a continuing basis for each year in which the driver possesses six (6) or more points on their license.

Motor Vehicle Surcharges for Specific Offenses

A person who is convicted of drunk driving or refusal to submit to a breath test (Breath or Blood Test Refusal) is subject to a motor vehicle surcharge. Typically, this surcharge is $3000 which is payable at a rate of $1000 a year for three years. A New Jersey driver will also face these surcharges if they are convicted of drunk driving in another state, as long as the out of state offense is substantially similar to a DWI or refusal offense in New Jersey.

There are certain other enumerated traffic offenses in New Jersey, which trigger Motor Vehicle Surcharges. For example, an offense for an unlicensed driver (N.J.S.A. 39:3-10), triggers a $100 surcharge. Moreover, an offense for driving on the suspended or revoked list (N.J.S.A. 39:3-40) or driving without insurance (N.J.S.A. 39:6B-2) triggers a $250 surcharge. Each of these offenses is imposed on a yearly basis for three (3) years. For offenses of driving while suspended or driving without insurance, there is also a $250 administrative surcharge imposed in addition to the motor vehicle surcharges. These administrative surcharges are not triggered by a conviction in court but rather by the Chief Administrator of the MVC. Thus, if the MVC has evidence that you were driving while suspended or without insurance, that would be sufficient to impose the administrative surcharge regardless of whether or not you actually plead guilty to the underlying offense.

North Brunswick NJ Motor Vehicle Violation Attorneys

North Brunswick ranks near the top almost every year in terms of tickets for motor vehicle violations. As the largest defense firm in Middlesex County, our attorneys defend many traffic summonses in the North Brunswick Municipal Court. If you would like to speak to a lawyer at our firm with the knowledge to effectively defend your offense, call our New Brunswick Office at 732-246-7126.