Traffic Tickets

Motor Vehicles and Surcharges: What are They?

One of the most serious penalties associated with motor vehicles violations in New Jersey is the imposition of surcharges against the driving privileges of a defendant. Surcharges are also imposed upon drivers who are convicted of drunk driving or refusal to take a breathalyzer test. The NJDMV is also authorized to impose surcharges for other traffic violations of Title 39 for which points are not assessed. Motor vehicle surcharges can result in a huge burden on a driver and can be extremely expensive, sometimes totaling many thousands of dollars. Failure to make timely payments will result in an indefinite suspension of your driving privileges and a judgment for the surcharge amount, plus costs and interest, docketed in Superior Court.

Point accumulation Surcharges (or penalties), are levied, by the Division of Motor Vehicles on any driver who has accumulated, within the immediately preceding three year period, six (6) or more motor vehicle points. Surcharges shall be levied for each year in which the driver possesses six or more points.

Surcharges assessed at $100.00 for six points and $25.00 for each additional point thereafter until the points are reduced.

Motor vehicle violation surcharges are levied for convictions for:

1. Drunk driving or refusal to take a breath test - surcharges will be levied annually for a three year period, and shall be $1,000.00 per year for each of the first two convictions, for a total surcharge of $3,000 for each conviction, and $1,500.00 per year for the third conviction occurring within a three year period, for a total surcharge of $4,500 for the third conviction. New Jersey residents must pay this surcharge even when they are convicted of drunk driving or refusal in any other State or jurisdiction, provided that the out of state violation is of a substantially similar nature to a violation in New Jersey.

The rules are slightly different for non residents who are convicted in New Jersey. Although a non resident would not be subject to punishment for his or her driving conduct which occurs outside of New Jersey, such a driver would be subject to the imposition of surcharges upon conviction for drunk driving or refusal that occurred in New Jersey. Thus, a Pennsylvania resident who comes to New Jersey and is convicted of drunk driving will be subject to the $1000 per year surcharge for three years.

2. Other offenses in which you are convicted or plead guilty and will receive a surcharge for three years include:

Unlicensed Driver $100
Driving on the Revoked List $250
No Insurance on Moped $100
No Insurance on Motor Vehicle $250

3. Surcharge are also imposed for administrative violations of the law and include

Operating While Suspended $250
Failure to Maintain Liability Insurance $250

These surcharges are assessed administratively and are not based upon a conviction in court.. For example, if the NJDMV were to receive evidence that a person who was on the revoked list had been involved in an accident while driving, that fact alone that an accident occurred would be sufficient to impose a $250 yearly administrative surcharge.

If a driver fails to pay a surcharge the license of the driver will be suspended until the surcharge is paid to the Division of Motor Vehicles; except that the Division of Motor Vehicles may authorize payment of the surcharge on an installment basis over a period not to exceed 12 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately.

If the surcharges are not paid, a judgement may be entered against you in the Superior Court of New Jersey and may include post judgment interest and an additional collection fee of 20 percent of the surcharge or $200, whichever is greater.

When the Division of Motor Vehicles has suspended the driving privileges of a person for failing to pay surcharges on a timely basis, that person may not drive for any reason. In the event the driver is caught driving on the revoked list as a result of an administrative suspension for surcharges, he or she will be subject to enhanced penalties. In addition to the normal sanctions for driving on the revoked list, a surcharge suspension requires the sentencing judge to impose a $3000 fine on the defendant.

For more information, please contact Blair C. Lane, Sr., at 856-528-3010. Initial consultations are free.